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My father's Bank was told he died and I have found a check. Can I deposit at the same bank but a different location? Will it go through? What do I have to do-take it to court?

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I have a friend who's hubby died 3 years ago. She continues to receive checks in his name from an investment from many years ago. She is poor--beyond poor--and she has 'illegal' custody of 3 grandchildren whose parents abandoned them. I was helping her clean one day (a thankless task, if ever there was one) and found this stack of checks. I asked her why she hadn't cashed them (esp since I had just given her $3K to make it through the month..and she said 'oh they aren't worth much' I asked if I could add them up, and she agreed. Total? $2500. I called the investment company and found that the checks were still good. Also called her bank and they said "Just have her bring in a copy of her husband's death certificate and she can cash these". A total of less than an hour of mine and I had 'found' $2500 she dearly needed!

Flash forward 6 months and I have long since had to write her off as a user and a lost cause. Still has the g-kids and at the age of 70 she just went back to work FT. I had reason to go to her house and she was boohooing about trying to get ahead, financially, and I asked her about those checks. She had never done anything with them, in fact had another 6 or 7 she hadn't even opened. I was totally disgusted with her. Turned out the reason why she hadn't cashed them? She couldn't find a copy of her husband's death certificate.

SO HARD to feel anything but pity for someone who won't make any effort to help herself.
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jacobsonbob Jan 2020
At some point one QUITS feeling any pity for such people!
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Have you thought of just asking the bank?
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A bank can't cash a check for someone once they know he/she has died. The executor/administrator needs to open an estate account and deposit the check there. It becomes part of the estate's assets and is disbributed by the executor in accordance with the law and the wishes of the decedent.
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My mother's check was honored 6 months after her death. Go to the bank and ask.
You might need to sign forms, but the check should still be good.

As mentioned in another post, I was Executrix and we did have his account changed to his estate. But I had no trouble at all with checks.
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Have u probated a will? Is Dads banking acct still open? You may not be able to withdraw but you maybe able to deposit. This check would be part of his estate.

Since probate has been closed for my Mom, the bank did allow me to deposit a check in her name for $188 into my acct. I was executor.

Every bank is different. Mine knew my Mom and I. You really need to check with Dads bank to see how to handle it. Checks do have an "experation" date. Some are only good for 90 days after issue date. It should say that on the check. If it does, u will need to contact the company who issued it and ask that it be reissued. Hopefully in ur name.
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Pistnsad Jan 2020
My dad didn't have a will..
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Since there is no will do a Small Estate Affidavit. Put your name as the Affiant and have it notarized and take that to the bank with you. If you have siblings you will have to share it with them as you need to list all the heirs on the SEA.
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Pistnsad Jan 2020
I just went to the courts and got a small estate what does banking I'm messing with still wants to hold it for 6 months I am the only child which they know is this this is a joint account that me and my father had and he had no death certificate on file in the bank I never produced it I do have it but I never produced it I'm also still allowed to withdraw money out of the same bank account and put money into it
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When my Father died, he left a check in his name with me.
My brother arrived at my house to announce that Dad had died.
He said he would cash the check, and he did.
Then used it for himself. 🙄
The funeral had to be paid by my husband and me.
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Go to the bank with the check and talk to someone in customer service. If he didn't endorse it, there may be a problem with acceptance.
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Most likely you can deposit the check but can't cash it. It would be part of the estate at this point. You need to talk to the bank if you and your family have not set up the legal process of closing out his estate. I am going through this now, my parent set up a family trust years ago, I was on my mother's checking account but the checking account was frozen upon her death (father passed away 10 years ago). It took me three months to get the family trust set up in my & my brother's name, we are the trustees, and transfer her funds to the new account. Meanwhile I am getting her final bills with past due notices every day. The bank was difficult to deal with, they were not well skilled concerning trust accounts. There was only a few thousand dollars left in the account and it's been a nightmare to close everything out.
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Call / contact the person or company that issued him the check and ask that it be re- written to you. They will ask you to either send the original check back or destroy it. They will also need proof of your POA at the time it was written ( while he was still alive you had legal responsibilities for his finances). They may ask for a copy of the death certificate as well. If the check was written after his death, they will ask for verification that you are his only beneficiary. That’s the most straightforward way to get the funds.
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