QUESTION
My mother passed away in Ohio with no will and no estate. How do I cash a check made payable to her estate?
Asked on Dec 12th, 2011 on Estate Planning - Virginia
More details to this question:
The ins. co. owed her a refund of premiums which I demanded in several letters to them. They sent a check to me but made it payable to her or her estate. I have called them and sent certified letters stating that there is no estate and sent them my power of atty. and copy of ins. where I am beneficiary. Tehy state that I need to prove I am executor of the estate, but I have told them there is NO ESTATE! How can I get the check cashed if there is no estate.
1 ANSWER
Tonya Coles
In order to cash a check made payable to your mother's estate, you will need to obtain a court order from the probate court. You will need to get the court order from probate court in the county where you mother lived at the time of her death. Depending on the amount of the check, this can be a fairly simple process. I suggest that you contact a probate attorney in Ohio. The attorney can advise you on the steps necessary to either cash the check or have it reissued to your mother's heir(s).
Tonya R. Coles
Law Office of Tonya R. Coles
Elder Law -- Estate Planning -- Probate
www.tonyacoles.com
Answered on Dec 16th, 2011 at 6:11 PM