How do I cash a check if my Dad's name is on it?

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My dad died last May. An accountant is doing my dad's taxes and told me my dad will receive a sizable refund.

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Have your lawyer explain whether or not you are eligible to have a Small Estate Affidavit prepared. If you are, he'll do it; Take that Small Estate Affidavit to your bank along with a copy of his death certificate, You should have no trouble cashing the check.
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My husband and my only income was social security disability. He just died leaving extensive medical bills. Am I now responsible for his bills? Will I be in debt for the rest of my life because I don't have money to pay his bills?
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I tried that and as soon as they saw "estate of" they wouldn't deposit it into her account. It has been a pain trying to get them to cash one little refund check. Finally had to get all heirs to sign an affidavit saying estate is not being probated.
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Sometimes just walking in and acting like you know what you are doing gets the job done. Don't ask questions, smile, hand over check signed deposit only with account number and deposit slip. Carry the death certificate for safety sake.

I've seen it done both ways with and without affidavit. Sometimes you get a person at the bank who starts reading a form and gets confused and then you are back at square one. Good luck!
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That won't work - you can't just deposit it. You have to get an Heirship Affadavit saying the estate was not probated. Then you can cash it.
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That should read "if the link is too long..." sorry.
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Here's the IRS form 1310, but it's in .pdf so you'll have to download it.

http://apps.irs.gov/app/picklist/list/formsPublications.html;jsessionid=Feb4d-WV-XO+jSlOcESiDg__?value=form+1310&criteria=formNumber&submitSearch=Find

If the link is too link, go to the irs.gov website, click on "Forms", then search for Form 1310.
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Agree with the others. You might ask the accountant about a form 1310, "Statement of Person Claiming Refund Due a Deceased Taxpayer".

I had to file those to receive my deceased mother's and sister's tax refund. I just checked the old form I used; it may be outdated, so I would get an updated one from irs.gov.

The form has 3 options from which to choose:

(a) surviving spouse
(b) court appointed representative (with "court certificate" attached) or
(c) person other than (a) or (b), claiming refund for the decedent's estate.

I think you would be in category (c), but if Vegas Lady comes along you could ask her (or PM her). She's more knowledgeable about IRS procedures than I.

Some banks don't require endorsement for checks that are only deposited. You might check with your bank to see if that's the case, and if so, just deposit the check as Pam states.

But I would take his death certificate and your DPOA to the bank just in case you can't get the check issued in your name by the IRS.

Here's an amusing anecdote about dealing with the IRS and a deceased person.

After I filed our taxes last year, my father received a letter from the IRS notifying him that his refund could not be issued without filing a Form 1310 because that's required for a deceased person. He signed the 1040, there was absolutely nothing to indicate he was dead.

So I had to write them and tactfully explain their error, also asking them on what did they base their conclusion that he was dead despite having just signed his 1040 form?

Unbelievable.


As to having everything in order, how I wish that were possible! We had my sister's estate plan prepared by my attorney, Dad and I shared the Co-Trustee duties of her Trust and we shared power of attorney duties as well. There were no liquid assets to transfer into the estate, just the tangible property.

There were some specific reasons why we wanted those assets to be transferred into the Trust though. Sounds great on paper.

When I went to the Michigan Secretary of State to transfer title to her vehicles, they refused to do so, stating that a trust isn't a person and a nonperson can't hold title to a car. Huh? What about all the corporate leased cars?

It was clear that weren't going to budge so I had to transfer title to myself and notify the other heirs why I did so so that no issues would arise that I was taking assets from the estate for myself.

Same thing with the HO and vehicle insurance. The insurance carrier wouldn't ensure an entity - had to be a person. So I ended up insuring the house and vehicles in my name, with the Trust as an additional insured.

The carrier never explained how a trust could be an additional insured but not the primary insured.

You may have everything seemingly together, but there easily could be some governmental or private entity that has its own rules and you end up jumping through hoops to get everything accomplished.
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I had my dad's taxes done by an accountant and when I received my dad's refund checks they had my name on them as well as my dad's. I have no idea how this happened but I deposited them and there was no problem.
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I've had the same experience and the "for deposit only" didn't work. The bank would not even let me deposit it into my mom's bank account. She has nothing left either. I don't want to open probate for a few checks totaling only $1000.00. Lawyer says fill out an affidavit (obtained at courthouse) saying estate not being probated and take to bank.
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