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  1. #1
    Join Date
    Jun 2013
    Location
    Alabama
    Posts
    1

    Default Depositing the Check of a Deceased Person

    My question involves estate proceedings in the state of: Alabama. I have a small check that is made out to my deceased mother it is made out after her death I need to pay some bills it will help. Can I just deposit into our joint account there was no estaste. She was destitute and on medicid. She had no property and no money . There Are no assetts. The check is,for 30dollars. I do not want to break any laws Tha k you for,your help

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Can I Dosit a Check Made Put to My Deceased Mother. I Have Power of Attorney

    Not legally. You need to be the court appointed executor for her estate.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,648

    Default Re: Can I Dosit a Check Made Put to My Deceased Mother. I Have Power of Attorney

    There Are no assetts.
    yes there are. That check you are holding is an asset.


    Unless you have been accepted as the administrator of her estate, you cannot do anything with that check. You surely cannot take it and use it for your own personal needs. That would be theft.

  4. #4
    Join Date
    Sep 2012
    Posts
    1,988

    Default Re: Can I Dosit a Check Made Put to My Deceased Mother. I Have Power of Attorney

    if you use that check for yourself you open yourself to criminal prosecution and you open your accounts to being frozen or garnished by her creditors and then you get to go to court to prove it was only your money in those accounts\


    don't do it

  5. #5
    Join Date
    Sep 2010
    Posts
    19,063

    Default Re: Can I Dosit a Check Made Put to My Deceased Mother. I Have Power of Attorney

    The "power" in the POA ceased to exist as soon when your mother died. You can't touch anything with the estate until, as JK points out, you have been granted that authority by the court.

  6. #6
    Join Date
    Apr 2009
    Posts
    757

    Default Re: Can I Dosit a Check Made Put to My Deceased Mother. I Have Power of Attorney

    Quote Quoting Lindi143
    View Post
    I have a small check that is made out to my deceased mother it is made out after her death I need to pay some bills it will help.
    Whose bills? Your own? Or you Mother's?

  7. #7
    Join Date
    May 2013
    Posts
    3

    Default Re: Depositing the Check of a Deceased Person

    Some states allow next-of-kin to file a Small Estate Affidavit in lieu of filing Probate.

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