QUESTION
My aunt is over my dad’s estate would she be able to cash the check and receive cash the same day with correct document?
Asked on Feb 15th, 2013 on Estate Planning - Michigan
8 ANSWERS
Insurance Attorney serving Seattle, WA
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James Thomas Saulbury
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The following may help. If your Aunt has been sworn in as either the executor or the administrator of your father's estate and letters of either testamentary or administration have been issued, your will Aunt will have the same powers over your father's estate as he did when he was alive. Your Aunt would have the power to deposit checks into the estate bank account and pay bills accordingly. Regarding a cash distribution to the heirs, that would determined by how far along in the probate process the estate is.
Answered on Feb 22nd, 2013 at 12:16 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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If she is personal representative, she can do it the bank is not wrong cashing the check. It is probably not right for her to do this. Any money due to the estate should be deposited to an estate account. The personal representative has broad power to do what is needful for the estate; maybe she used cash to pay estate expenses. All of this should come out in her annual account if it's not there, object to the account.
Answered on Feb 20th, 2013 at 11:32 PM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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When you say that your aunt is over your dad's estate, do you mean that she is the personal representative (executrices)? I also do not know what check she is going to cash. If you aunt has been appointed personal representative, then she can cash the check or deposit the check in a probate checking account, pay the debts and then close out the estate, turning over the remaining money to the beneficiaries of your father's probate estate.
Answered on Feb 20th, 2013 at 8:16 PM
Estate Planning Attorney serving Marquette, MI
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The Wideman Law Center, P.C.
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I am not sure I understand your question. Is your dad dead or alive? What check are you talking about? If your dad died with assets in his name alone, your aunt will need to become his personal representative in order to control his assets. It can take months to administer an estate so I would not count on getting money immediately.
Answered on Feb 20th, 2013 at 7:11 PM
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Your question is not clear on details. Is she court appointed with letters? Normally such a person cannot cash checks, absent am order saying so which would be rare. The monies should probably be deposited into an estate account.
Answered on Feb 19th, 2013 at 11:01 PM
Estate Planning Attorney serving Provo, UT
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Randy M. Lish, Attorney at Law
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Depends on the size of the check. Most banks will hold onto a check until it clears if the check is over a certain amount. This is allowed by federal law.
Answered on Feb 19th, 2013 at 10:23 PM
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Possibly with the proper documentation.
Answered on Feb 19th, 2013 at 10:13 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Normally, yes. Every once in a while, there is a bank that will balk at doing this, saying they need to have their legal department review the paperwork. This is a hassle, but they usually get away with this.
Answered on Feb 19th, 2013 at 10:13 PM