How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister, Attorney
Category: Legal
Satisfied Customers: 37817
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Type Your Legal Question Here...
Barrister is online now
A new question is answered every 9 seconds

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: 8 months ago.
Category: Legal
Expert:  Barrister replied 8 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.


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.


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.


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.