Legal Question in Wills and Trusts in Texas
Royalty checks
My father receives royalty checks every month he has passed away without a will and i carry my fathers name i have power of attorney can i endorse these checks and deposit them in my account without fear of legal issues
2 Answers from Attorneys
Re: Royalty checks
You may have no fear of legal issues only if you are the sole heir of your father. If you have a surviving mother or stepmother, or siblings, or nieces or nephews of deceased siblings of yours, then you can expect problems, as they may be entitled to some of the royalties.
You need to let the oil company know that he has passed, as they may be able to help you with clearing up your father's estate, or at least the portion of his estate with the royalties.
Re: Royalty checks
The POA is only good while your father was alive. Signing the check and putting them in your account would be forgery and a fraud on the estate. Better get this straightened out. Good Luck.
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