Legal Question in Wills and Trusts in New York
My mother, a US citizen inherited money from a friend of her�s and while the check was in transit, my mother passed away. Is that check mine? And how do I cash it? It is made out to my mother.
2 Answers from Attorneys
I'm not sure what you mean when you say "the check was in transit," but I'm assuming that the check had not been deposited by your mother. Further assuming that the check was payable to her alone, the check would become an asset of her estate. Accordingly, a probate proceeding (if there was a will) or an administration proceeding (if your mom did not have a will) would have to be commenced. If the sum was small enough and if your mom did not have other, more substantial assets, it might qualify for a small estate proceeding, which is quick and easy; otherwise, a regular estate proceeding would have to be brought.
Good luck to you.
No, the money owed should go into her estate.
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