Legal Question in Wills and Trusts in California
My mother passed away in 2005. I was her Power of Attorney at the time of her death and named as the Executor in her handwritten Will. We recently received a modest check from my mother's Long Term Insurance Policy for an overpayment on her account. The check was made out to the "Estate of" my mother. There are no accounts left in my mothers name. Our bank will not cash the check without proof from the court that I am the Executor of my mother's Will. Where do I need to go and what do I need to do to get proper documentation for the bank?
1 Answer from Attorneys
If you are the executor of your mother's will, the will has to be probated. You would need to open a probate action, and seek to have the court issues Letters Testamentary to you. I hope that the will waived bond.
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