Legal Question in Family Law in Ohio
Check made out to deceased parent, no will, no estate
I had power of attorney for my mother and step father. I arranged for them to rent a house in Ohio and the lease had to be put in all parties names including mine and my husbands. My mother passed away and never lived in the house. After my step father vacated the house a refund check was written to all the parties listed on the lease including my mother's name marked (deceased). The bank refuses to cash the check without probate paperwork. There was no estate, no life insurance, no will, no probate... Can the leasing company reissue the check without the deceased members name? What else can I do?
1 Answer from Attorneys
Re: Check made out to deceased parent, no will, no estate
You ability to handle your mother's estate using the POA ended with her death. You will have to get an appointment letter showing that you or a person like your stepfather has been appointed representative of her estate. You do this by filing an application to administer an estate with probate court.