QUESTION
What happens when a loved dies and by will they leave you everything ?
Asked on Nov 15th, 2020 on Estate Planning - Delaware
More details to this question:
We are moving my mother into my grandfathers house and we are finding checks that are large sums of money that are expired by a couple of months. My mother is the beneficiary of everything by will but her mind is just not completely there. Taxes are owed on the house my grandfather left her. Is there a way to get these checks reissued or should we just try to deposit them in her bank account?
1 ANSWER
2 Awards
You must first submit the Will or probate (proving) or, if there is no Will, hire a local probate lawyer to apply to the court to determine heirship and issue letters of administration. These need not be issued to your mother but she must sign a document agreeing to the administrator. The administrator will then have authority over all your grandfather's property. He can write to the companies which issued the checks asking them to reissue them in the name of the estate. They will go into the estate's bank account. After paying the debts, the administrator can transfer the home and the money remaining to your grandfather's heirs.
Answered on Nov 16th, 2020 at 5:41 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.