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Can Executor sign/cash checks made out to the deceased?

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Chance2007

Junior Member
What is the name of your state (only U.S. law)? PA
My Mother died in July. She had more bills than money so her lawyer recommended that I have the bank write out a check to the funeral parlor to empty her bank account and avoid probate. Two checks (total value less than $300) have since arrived in her name. A small credit card refund for a cancelled account and one of her insurance claims was paid in her name for some reason instead of directly to the ambulance company. I would like to cash these checks and pay some more of her bills including the ambulance co. I had power of attorney when she was alive and am executor of her will. Can I endorse these checks? What do I do with them?What is the name of your state (only U.S. law)?
 


justalayman

Senior Member
without probate, you are not the executor. You may have been nominated as such but until/unless court accepts you as such, you are simply a nominee.


You should look into small estate administration. Most states have such a process where it would allow you or somebody to do exactly what you are trying to do.


She had more bills than money so her lawyer recommended that I have the bank write out a check to the funeral parlor to empty her bank account and avoid probate.
are you sure some sort of small estate administration hasn't been filed for? If not, I seriously question the legality of what happened.
 

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