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  1. #1
    Join Date
    Feb 2011
    Posts
    2

    Default How to Cash a Check Made Out to the Estate if There is No Estate

    My question involves estate proceedings in the state of: KY

    My Mom passed away 9 months ago & she had a will but the probate office told me that the will means nothing since there wasn't anything solely in my Mom's name. The only thing that had my Mom's name on when she passed was a checking account but my name was on it as well. Is the probate office right? I just want to do what I need to do & not get in any legal trouble.

    Also how do I prove my Mom did not have an estate? I have a check from the Nursing Home she was in mad out to the Estate & I can't do anything with it. Is there anyway to prove there wasn't an estate without getting a lawyer involved?

  2. #2
    Join Date
    Sep 2010
    Posts
    9,671

    Default Re: My Mom's Will and Proving There Was Not an Estate

    If there is a check made out to the estate, then there *IS* something in the estate. The question is whether the check is enough to make it open probate. Was there any medicaid or other debts involved?

  3. #3
    Join Date
    Feb 2011
    Posts
    2

    Default Re: My Mom's Will and Proving There Was Not an Estate

    No debts at all. The check is $4100.00

  4. #4
    Join Date
    Jan 2006
    Posts
    27,203

    Default Re: My Mom's Will and Proving There Was Not an Estate

    well, since nobody has the right to sign in the name of the estate and nobody apparently wants to take the action required to do so, send the check back or throw it away. Just kidding.

    I would contact the probate court again and explain to them the situation, again if you had this check when you last spoke to them. There are often processes called "small estate administration" for situations where a full blown probate is overkill. You need somebody to be given the authority to endorse the check for the estate so it can be cashed. The probate court is the place for somebody to get that authority.

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