My mom passed away in May of this year and left a Will naming all 4 of her children as the owners of all her possessions. The family received a check made out to the estate of my mom. The check is for an overpayment of medicine of 45.00. In order to deposit the check will all 4 of the children have to sign theback of the check and show the bank a copy of her WILL? Thanks
State/Country relating to question: Georgia
Thank you for your question. Be sure to go ahead and bookmark www.nateanswers.com for future questions.Only the executor of the will can deposit the check. The will must be probated first and the executor appointed by the court. Only then can anything made out to her estate be transferred, deposited, etc. The four heirs signing the check will have no legal effect.Please remember to only rate my answer when you are 100% satisfied. IF you feel the need to rate "Poor Service" or "Bad Service", please stop and reply to me via the REPLY TO EXPERT button with the issue you have. I am not paid unless I get a rating of 3 to 5 Stars/Smiley Faces. If I have helped you with your question, please give me an appropriate rating so that I get credit for helping you. Thank you, Nate
So since she decided that the 4 children were the executors of her will, we will have to go to court for the will to be probated? Why is that? SO what good is a Will if you still have to go to court?
Wills are not made to avoid probate court. Wills are made to ensure that a person's last wishes are carried out faithfully and properly.All wills have to be probated so the estate can be distributed. If she named multiple executors, the court will appoint just one to distribute the estate according to the will's terms. The only way to avoid court upon one's death is to either 1) have nothing, or 2) have created a trust. More information and forms related to the Georgia probate process has been made available by the state herehttp://www.gaprobate.org/
Over 8 years of legal estate experience.
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