Legal Question in Wills and Trusts in Maryland

Thanks for your post. It brings up two issues. First, a power of attorney is only good while the Principal lives. After the Principal dies the personal representative (PR) must open up an estate and the PR is the only person with authority to handle financial matters post death. So someone with a power of attorney cannot endorse a check after death. Now endorsing a check before death is another matter.

Second, a bank can cash a post-dated check in certain circumstances even before the written date. Section 4-401 of the Uniform Commercial Code deals with this but you may want to chat with the bank and/or the issuer to resolve potential problems like bounced checks.

The above post offers general legal information and doesn't offer specific legal advice. The particular facts and circumstances of your situation may affect how the law applies to you.