Legal Question in Banking Law in Georgia
if a spouse is decease, what is the protocol of cashing a check that is two years old with no expires on the check? The check was drawn from a local bank but, the teller, ask if a power of attorney was on the account?
Asked on 10/17/11, 10:18 am
1 Answer from Attorneys
Glen Ashman
Ashman Law Office also dba Glen Ashman Attorney
A 2 year old check is stale. It is unlikely any bank wil cash it.
If the check is payable to the deceased, the only person that can cash it is the executor or administrator appointed by the probate court in a probate.
A power of attorney expires when someone dies so it's irrelevant.
Answered on 10/17/11, 10:55 am
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