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Check Made out to Two People and One is Deceased

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cousinmose

Junior Member
What is the name of your state? Michigan
My father received a check for escrow account balance after selling house. The check is made out to both parents, but Mom has passed away over a year ago. How would he go about cashing check? Can he sign and present death certificate at bank?
Thank you!
 


adjusterjack

Senior Member
Can he sign and present death certificate at bank?
He can do that but he may be told that the check has to be probated.

An alternative is to go back to the mortgage company and see if they'll reissue the check. They may also tell him the check has to be probated.

How much money is the check for?
 

adjusterjack

Senior Member
Preferably through an ATM if you have the passcode. That way it's more likely to squeak through without much human scrutiny.

Forgot to mention, once the deposit is posted, don't spend the money for about two months just in case.
 
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LdiJ

Senior Member
Preferably through an ATM if you have the passcode. That way it's more likely to squeak through without much human scrutiny.
I am going to disagree with this advice. My experiences depositing anything through the ATM have not been stellar at all. Let alone something that might not fly.

What does seem to work (if you can arrange it in advance) is a direct deposit.
 

cousinmose

Junior Member
I am going to disagree with this advice. My experiences depositing anything through the ATM have not been stellar at all. Let alone something that might not fly.

What does seem to work (if you can arrange it in advance) is a direct deposit.
I have a physical check already.

Also, usually a check made out to two people has an ‘and’ or ‘or’ between the parties. This has neither.
 

Zigner

Senior Member, Non-Attorney
I've never personally seen "or" on a check, but I'm sure it happens. Much more common is "and", or (as in your case), simply the two names. It requires both parties to endorse it, but it may "sneak by" because very few checks are actually looked at by a person.
 

Dandy Don

Senior Member
If your mother had a last will and testament that was probated in court, let the executor of her estate know about this check.

The executor should do research to determine who would get the money under the terms of your mother's will.

Ask the company if they will void the first check and reissue 2 separate checks, one payable to him and one payable TO THE ESTATE OF YOUR MOTHER'S NAME, so that the executor of your mother's estate would have legal authority to cash it.
 

Zigner

Senior Member, Non-Attorney
Ask the company if they will void the first check and reissue 2 separate checks, one payable to him and one payable TO THE ESTATE OF YOUR MOTHER'S NAME, so that the executor of your mother's estate would have legal authority to cash it.
Why would they issue two checks? It's not their job to do the math. At best, it's possible that a check would be made out to dad and the estate of mom, but not two checks.
 

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