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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 36206
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I was left a home and property and what ever money that came

Customer Question

I was left a home and property and what ever money that came in. Yo me In a will. An estate check came in. But I'm the name of the decrease. And the deceased. Wife's name how do I cash this check
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Albuquerque New Mexico
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have all the paper work will death certificate for him and his wife and power of Attorney papers
Submitted: 4 months ago.
Category: Legal
Expert:  Barrister replied 4 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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If no one has ever filed a probate case to settle the person's estate, then it is the estate that still owns the house and contents as well as everything else.

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A will has to go through probate court to be formally recognized so that assets can be transferred from the estate to the beneficiaries of the will.

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So whoever is named in the will as the executor of the will needs to file a formal probate petition to open a probate case so the estate can be settled and the assets transferred to you as the beneficiary. Once the probate case is opened, the executor can open a probate bank account and deposit the check into it.

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thanks

Barrister

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