Legal Question in Wills and Trusts in Texas

check made out to deceased person

My sister died indigent, in a nursing home. I had power of atty, but had closed all accounts since she had no money. She had a small amount in the nursing home trust account, for personal expenses. Now that trust account must be closed and the check comes to me, but in her name. They will not make out to me. I can't cash it. It is not worth probating for a few hundred dollars. How can I cash the check?


Asked on 3/05/07, 11:01 am

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: check made out to deceased person

You can prepare an Affidavit of Heirship. See the Texas Probate Code Section 52A for the form.

You can present it to the nursing home and ask that the check be made payable to you as an heir.

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Answered on 3/05/07, 11:36 am


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