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  1. #1
    Join Date
    Dec 2008
    Posts
    6

    Default Deceased Mother's Checks Deposited

    My question involves a banking matter in the State of: Alabama
    My mother died in October of 2005. She was receiving a
    > monthly check of $1,845.00 as a loan repayment she made to a software
    > company. I notified the company of her death and for some reason the
    > president of the company kept sending the checks to her address. The
    > checks were made yo my mother. I found out this past Feburary that my
    > sister, who moved into my mother's house with her family, opened a new
    > account at the local bank and has been depositing the checks with 'for
    > deposit only' on the back of the check. 26 checks in all. She and my
    > brother-in-law are joint owners on the account and both have written
    > at least one check apiece from the account. On for $888.00 and one for
    > $800.00. The software company still has some $11,00.00 of the loan
    > balance. When I found out about this and started asking questions,
    > the bank and the company froze the accounts and had me and my sister
    > sign a release from prosecution agreement just to get the funds. There
    > is a will but i t has not been probated. How was my sister allowed to
    > do this and why would I need to sign a release form just to have
    > access to my mother's money? Any banking laws broken here? This
    > happened in Alabama.

  2. #2
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Deceased Mother's Checks Deposited

    First off, why has the will never been probated?

  3. #3
    Join Date
    Dec 2008
    Posts
    6

    Default Re: Deceased Mother's Checks Deposited

    Thank you for your reply. The lawyers I have delt with tell me that there is really nothing to probate. I am totally ignorant in these matters and rely on their advice.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Deceased Mother's Checks Deposited

    were the lawyers aware of the
    $11,00.00
    (I'm guessing you meant $11,000.00)?

    did ma owe anybody anything?

    so how do you somehow get mom's funds? That is just as improper as what sis and BIL did.

  5. #5
    Join Date
    Dec 2008
    Posts
    6

    Default Re: Deceased Mother's Checks Deposited

    You are correct. It should be $11,000.00. And I informed the lawyer(s) that the checks had been mailed and my sister was depositing them as soon as I knew. I was the curator of these funds. Per my Mother's request, my sister was not to know anything about it. My sister is a hopeless alcoholic and nobody, especially Mother trusts her. Don't know if this is pertinent information. It's just part of the situation.
    And no Mother didn't owe anything. I had the durable power of attorney and made sure her bills were paid.

  6. #6

    Default Re: Deceased Mother's Checks Deposited

    You don't need an attorney to open probate. go down to the probate court and file to be the personal representative. Then you can open an estate bank account and deposit the money and properly distribute it. Assuming there is no will and there is only the two of you, each will get half.

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