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My Mom died 4 months ago I am her oldest surviving child. She…

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My Mom died 4 months...

My Mom died 4 months ago I am her oldest surviving child. She left no will
but all of her property and assets were left to beneficiaries or were POD.
Although all of her obligations and bills have been paid to date there may
be additional hospital and medical bills still left to pay. However, she
just received, in the mail, an income tax refund check made payable to her
for $1200.00. I would like to have the check deposited into a checking
account I opened to pay any subsequent bills she may receive but the bank
officer told me that because she is deceased and the check is made payable
to her they will not accept it. I would like to know if there is anything I
can do or steps that I can take, other than going through Probate, to have
the check deposited into the checking account that I opened. Thank you.

Submitted: 9 years ago.Category: Estate Law

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Answered in 10 minutes by:

7/3/2010

Estate Lawyer: Daniel P., Attorney replied 9 years ago

Daniel P., Attorney

Category: Estate Law

Satisfied Customers: 2,742

Experience: I have my own practice in Sarasota, FL- Estate Planning, Medicaid & VA law, Probate & Family Law

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Thank you for entrusting me with your legal issue. I will work diligently and quickly to answer your questions. I look forward to assisting you.

I am sorry for your loss. Regarding her creditors please understand that any account that was payable on death or had a beneficiary listed on it would not be part of your mother's estate and therefore does not need to be used to pay off her creditors. If your mother has no assets in her own name that didn't have a beneficiary listed on it then she would have been considered to die insolvent and the beneficiaries are not responsible for her bills. Sounds to me this is the case and you can advise these creditors that your mom left no money and therefore there isn't any funds to pay them.

Unfortunately, there isn't any way to have the check deposited into your account that you already set up. You would need to initiate a probate so that you can become the executor and open up an estate account at the bank. The check can only be deposited into an estate account. There really isn't any other option in this situation.

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