Ho to cash a check made out to an estate?

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Ho to cash a check made out to an estate?

My wife is/was executor of her mother’s estate; her mother died about 3 1/2 years ago. The estate was settled long ago. Then about 2 months ago, we received a small check written out to the estate of my mother-in-law. The bank will not accept the deposit and the company who wrote the check will not write another check unless we can show proof of executor. I have the Will which states my wife is the legal representative and a notarized POA for finances and property. My wife settled all of my mother in laws estate with these documents at the time of her passing. Do we now need something more for this simple issue?

Asked on May 6, 2013 under Estate Planning, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

I am sorry for your loss.  Unfortunately you might.  It is very difficult in this forum to review the documents in question and to see what needs to be done.  If the estate was settled using an alternative to formal probate - and this was properly done under the probate code in your state - then those documents should suffice to have the check reissued.  But I suspect that that may not be the case.  You are going to need to speak with a local attorney.  Good luck.


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