Legal Question in Wills and Trusts in California
Cashing a check for a deceased person
I received a check from a settle class action suit for my Twin Sister, who is now deceased. The check is in her name, but was sent to my home address. She lived on a fixed income, so therefore there was no estate or will.
It's a nominal amount and I was going to send it to one of her adult Daughters. My question is can they cash it?
4 Answers from Attorneys
Re: Cashing a check for a deceased person
No. You will have to probate the estate by affidavit. That will have to be done by the only surviving heir(s). Then once the check is cashed they can give the money to whomever they please.
Re: Cashing a check for a deceased person
Probably not, since the assets did not go through probate. They are most likely going to have to contact the issuer of the check and show that they are the legal beneficiaries of your Sister's estate. Then convince the issuer to send a new check. If the amount is particularly small, it might not be worth it.
Re: Cashing a check for a deceased person
no your sister's adult child(ren) can open a probate estate. once open, they can cash the check.
Re: Cashing a check for a deceased person
NO, but if your niece sends a copy of your sister's death certificate to the maker of the check, along with proof that she is her daughter, then they should redraft another check to replace the one you have.
Please feel free to contact our office for assistance at the number provided by LawGuru or through our firm's informative website, located at No-Probate.com.
Yours Truly,
Scott
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