I Received Checks for Someone Who Died. What Should I Do?
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What to Do When You
What to Do When You Receive a Check in the Name of a Deceased Person
It's not uncommon to receive a check made out to someone who has passed away. This situation can arise in many different scenarios, including benefit payments or payment for services rendered before the person's death. However, you can't simply deposit the check into your account, even if you're the only beneficiary of the decedent's estate. In this blog post, we'll discuss what you should do if you find yourself in this situation.
The first thing to understand is that the check belongs to the decedent's estate, not to you. As such, you'll need legal authority to cash or deposit the check. Typically, this requires being named as the executor or administrator of the estate. If you're not in either of these roles, you'll need to get the check signed by someone who is authorized to do so on behalf of the estate.
In some cases, you may be able to have the check reissued in the name of the estate or another beneficiary. However, in most cases, the check will need to go through the probate process before it can be used to repay any remaining creditors and paid out to a beneficiary. This process can take some time, so it's important to be patient.
It's also worth noting that some checks have time limits, such as 90 or 180 days. If you have a check with a time limit, it's important to take care of it as soon as possible to avoid it expiring. Be aware though, this situation isn't enough reason for the court to push you to the front of the line in the probate process. You'll need to wait your turn like everyone else.
In conclusion, if you receive a check made out to a deceased person, you'll need to go through the probate process to deposit it into your account or cash it. This may require being named as the executor or administrator of the estate, or getting the check signed by someone who is authorized to do so on behalf of the estate. While this process can take some time, it's important to be patient and follow the proper procedures to ensure that everything is done legally and ethically.
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Strohmeyer Law is a law firm based in Houston, Texas, specializing in tax law, estate planning, and probate law.
Nothing in this video is specific legal advice for you. Watching or commenting on this video doesn't create an attorney-client relationship.
For more information, visit: www.strohmeyerlaw.com/
Instagram: www.instagram.com/strohmeyerlawpllc/
2 سال پیش
در تاریخ 1401/12/03 منتشر شده
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