Legal Question in Wills and Trusts in Ohio

Cashing a Check Made Out to Deceased Parent w/ No Will

My deceased father had no will and stated verbally that he wanted any money from stock he had from his job to go to my daughter for college. He was divorced at time of death and has 3 surviving children that we know of (was married and

divorced many times. His surviving girlfriend received a check for 300.00 for stock he had as employee at his job. She has given this check with no hesitation to me for my daughter. How does one get a check cashed legally when it is made out to a deceased person? On the word of the girlfriend, it was his desire that this money go to my daughter for college and that is why she willingly sent the check to me to be cashed.


Asked on 12/03/03, 2:55 pm

1 Answer from Attorneys
Frank Rozanc Frank J. Rozanc, Esq.

Re: Cashing a Check Made Out to Deceased Parent w/ No Will

Cannot be done without opening a probate estate in the name of the deceased. Bank won't do anything until that happens. Decedent's verbal wishes are not enforceable.

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Answered on 12/04/03, 12:26 pm


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