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Power of attorney

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SnuffTaff

Junior Member
What is the name of your state? Wisconsin

I received a check from a payment protection plan for $137 for my wife who passed away in June. I can not cash it because I am not the beneficiary and have to have power of attorney in order to cash it. Seeing she is deceased, I am her husband and there is no benficery for this account I do not see what the problem is. I do not understand why I would have to hire a lawyer to get a $137 check cashed so that I can pay her bills. Isn't it law that a husband is the benifeciary for items such as this. I do not know what to do. Do you have any answers for me?

Thanks,

snufftaff
 


Dandy Don

Senior Member
Did your wife leave a last will and testament and was it submitted to probate court? If so, then the executor of the estate can cash it for you as the only person with the legal authority to handle any assets from your wife's estate.

You were misinformed, a power of attorney is not needed and would have expired at the same time as your wife's death occurred.

If she had no estate, then you will need to go to the county courthouse probate court and file a simple paper to become administrator/executor of her estate and after you soon receive from the court a document called letters testamentary, you will be able to go to the bank and cash the check since you will become the official administrator.

DANDY DON IN OKLAHOMA ([email protected])
 

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