QUESTION

Hey received a stimulus check in deceased mother's name. I live in Hampton roads in VA. Is there a legal way to cash it?

Asked on May 04th, 2020 on Estate Planning - Virginia
More details to this question:
A covid-19 stimulus check came in my deceased mother's name, it has a DECD indicator that she's deceased following her name where it says pay to the order of. She's been deceased for a little over 2 years now and me and my sister want to know is there a way it can be cashed and used to pay taxes and insurance for the house she left me and my brothers and sister. We live in Portsmouth VA. I've heard there's documents you can purchase and fill out in order to cash a deceased family members check, is this true? If so what could we do, or how should we go about this?
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1 ANSWER

Wills Attorney serving Austin, TX
2 Awards
You heard wrong.  While if it had been another kind of check, it would be "income in respect of decedent" and payable to her estate, only a living person is entitled to a covid-19 stimulus check.  Your mother was not living on February 15, 2020 and is not living now.  Trying to cash the check in any way would be incurring criminal liability for fraud.  While we are all short of cash just now, this is not the way to get it.  Return the check with a letter explaining the circumstances and a copy of your mother's death certificate.
Answered on May 05th, 2020 at 5:11 AM

This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.

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