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David Kennett
David Kennett, Attorney
Category: Estate Law
Satisfied Customers: 27689
Experience:  25 years practicing attorney
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my dad died Feb. 15 I received a refund check payable to my

Resolved Question:

my dad died Feb. 15 I received a refund check payable to my dad. This check is from a nursing home.How can I legally cash his check? Also, my dad did not have a will.
Submitted: 6 years ago.
Category: Estate Law
Expert:  David Kennett replied 6 years ago.

-Could you explain your situation a little more?
Did your father have other assets that will need to be probated?

Are there any debts?

Was he married?

Do you have an siblings?

Customer: replied 6 years ago.
I have responded two times.When do I get an answer?
Expert:  David Kennett replied 6 years ago.
I still don't see the answer to my request for more info. It could be the website and I apologize if that is the case but I need to know the answer to my question before I can answer your question.
Customer: replied 6 years ago.
My father had no assets that needs probated. My father had no debt. My father was not married. I have 3 brothers.
Expert:  David Kennett replied 6 years ago.

Dear JACUSTOMER - If you cannot get the nursing home to reissue the check to you I doubt it is going to be worth your while to open an estate just to get the check cashed and then split 4 ways between you and your brothers. You cannot cash a check made to your dad or his estate without getting authority from the probate court. If there were an estate open it would be very easy to deposit the check into the estate and divide the proceeds but in this case you have no place to deposit the check.


Unless this is a really large amount of money your only practical option would be to see if the nursing home would reissue it to you and your brothers.


Dave Kennett

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