My father has passed without any property or will and have 2 checks. Can I cash them.
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My father has passed without any property or will and have 2 checks. Can I cash them.
My father has passed without any property or will. I have received a couple of
checks that total about 900.00 all together. One is written out to the estate of
and the other is written out in his name only. May I cash those?
Asked on December 19, 2017 under Estate Planning, Kansas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
No, you may not: you are neither your father nor are you his estate. Both checks may be put into an estate bank account which is opened up to handle his final receipts (money coming in), payments and expenses (money going out), and ultimately distribute any left over amount to his heirs or beneficiaries. Only the estate's executor (person named by the will, if there was a will) or adminstrator (if no will) can open up and manage/access such an account, so you will need to be appointed executor or administrator (both or either role may also be called "personal representative") to this. Contact the probate court (with a copy of the will naming you executor, if there is one) and ask about how you apply to be exector or adminstrator, as appropriate.
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