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My father's Bank was told he died and I have found a check. Can I deposit at the same bank but a different location? Will it go through? What do I have to do-take it to court?

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P.S. You said you found the check, which might mean that it was received before he died, but that doesn’t make a difference in what I said before. The account is no longer joint, since he died. You said the bank knows he died. If you have brothers or sisters, they might be sharing in any “estate.” So, as I advised previously, please try to find a lawyer. My condolences and best of luck to you.
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Reply to Janus12
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OK. What you REALLY need to do is get a lawyer! If you can’t afford one, you can normally find one that will help you for free. These are called attorneys who do work “ pro bono.” Just google that for a lawyer in your area.
According to what I know, a check that is received after a payee has died, becomes part of the payee’s (the person the check was written to) estate. With no will, this will really require that you seek out legal advice. If he has a really small estate, it should not take long to settle this matter. Please consult with an attorney before doing anything with this check, would be MY best advice.
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Reply to Janus12
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I am in agreement with WorriedinCali about the death certificate.
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Reply to Llamalover47
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If the check isn't for a lot and you are the designated administrator, you can probably endorse the check as administrator and deposit it. If the bank won't, seek counsel from a lawyer (which you are probably doing anyway). Ultimately, how you deal with it depends on if you are dealing with probate (as executrix) or are the administrator for a very small estate that is handled differently. Where I live, there can be a difference between one bank and the next. As administrator, I was able to deposit a couple small checks with my endorsement at one bank, but another wouldn't do it.
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Reply to lynina2
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Call / contact the person or company that issued him the check and ask that it be re- written to you. They will ask you to either send the original check back or destroy it. They will also need proof of your POA at the time it was written ( while he was still alive you had legal responsibilities for his finances). They may ask for a copy of the death certificate as well. If the check was written after his death, they will ask for verification that you are his only beneficiary. That’s the most straightforward way to get the funds.
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Reply to gemswinner12
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This is to MidKid and just everyone in general:

I know it can be very frustrating to deal with this problem of checks when someone is deceased, etc. but sometimes it is important to still not give up. The friend who is 70 may not know how to get the death certificate of her husband. Sometimes, it is just not that easy to do. And sometimes, even if you ask the people in charge, you don't get a straight answer. It would be helpful to go with her to get the death certificate and take her, also, to cash the pile of checks she has so she knows how to do it in the future by herself. In my experience with my mother, there were so many obstacles to getting the finances in order, so much misinformation, a lot of tedious and time-consuming tasks, but in the end when it is done, you can sit back and know you really stepped up and made a difference. That is what I encourage you to do.
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Reply to huntersailor1
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worriedinCali Jan 10, 2020
It is very easy to get the death certificate. The mortuary takes care of that for you. Midkid isn’t giving up on her friend, she’s talked about the friend a lot here and the friend simply refuses to help herself. Midkid hasn’t abandoned her friend and given up. She’s not enabling her anymore.
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Most likely you can deposit the check but can't cash it. It would be part of the estate at this point. You need to talk to the bank if you and your family have not set up the legal process of closing out his estate. I am going through this now, my parent set up a family trust years ago, I was on my mother's checking account but the checking account was frozen upon her death (father passed away 10 years ago). It took me three months to get the family trust set up in my & my brother's name, we are the trustees, and transfer her funds to the new account. Meanwhile I am getting her final bills with past due notices every day. The bank was difficult to deal with, they were not well skilled concerning trust accounts. There was only a few thousand dollars left in the account and it's been a nightmare to close everything out.
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Reply to SandyRenner
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If it was not endorsed, a problem. Are you POA? Not a problem.
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Reply to blueberrybelle
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worriedinCali Jan 10, 2020
OP is obviously not POA, since his parent is deceased.
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My mother's check was honored 6 months after her death. Go to the bank and ask.
You might need to sign forms, but the check should still be good.

As mentioned in another post, I was Executrix and we did have his account changed to his estate. But I had no trouble at all with checks.
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Reply to RayLinStephens
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Since there is no will do a Small Estate Affidavit. Put your name as the Affiant and have it notarized and take that to the bank with you. If you have siblings you will have to share it with them as you need to list all the heirs on the SEA.
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Reply to Barb53
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Pistnsad Jan 10, 2020
I just went to the courts and got a small estate what does banking I'm messing with still wants to hold it for 6 months I am the only child which they know is this this is a joint account that me and my father had and he had no death certificate on file in the bank I never produced it I do have it but I never produced it I'm also still allowed to withdraw money out of the same bank account and put money into it
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A bank can't cash a check for someone once they know he/she has died. The executor/administrator needs to open an estate account and deposit the check there. It becomes part of the estate's assets and is disbributed by the executor in accordance with the law and the wishes of the decedent.
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Reply to thepianist
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Have you thought of just asking the bank?
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Reply to Harpcat
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That's right, the executor has the legal right to cash it. Everything goes to them. That is how it was when my Dad passed away, my brother who was the executor took control.
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Reply to Isabelsdaughter
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Who is the executor of his estate? In my state the executor may sign and put "executor" or" executrix" after the signature. POAs are no longer valid after someone's death, but the executorship takes over.
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Reply to Katie22
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Pistnsad Jan 10, 2020
No one never thought to get it because I'm the only child but I did go down there and get a small estate Administration but in the state of Maryland they want some of the money and they want me to wait 6 months
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I have a friend who's hubby died 3 years ago. She continues to receive checks in his name from an investment from many years ago. She is poor--beyond poor--and she has 'illegal' custody of 3 grandchildren whose parents abandoned them. I was helping her clean one day (a thankless task, if ever there was one) and found this stack of checks. I asked her why she hadn't cashed them (esp since I had just given her $3K to make it through the month..and she said 'oh they aren't worth much' I asked if I could add them up, and she agreed. Total? $2500. I called the investment company and found that the checks were still good. Also called her bank and they said "Just have her bring in a copy of her husband's death certificate and she can cash these". A total of less than an hour of mine and I had 'found' $2500 she dearly needed!

Flash forward 6 months and I have long since had to write her off as a user and a lost cause. Still has the g-kids and at the age of 70 she just went back to work FT. I had reason to go to her house and she was boohooing about trying to get ahead, financially, and I asked her about those checks. She had never done anything with them, in fact had another 6 or 7 she hadn't even opened. I was totally disgusted with her. Turned out the reason why she hadn't cashed them? She couldn't find a copy of her husband's death certificate.

SO HARD to feel anything but pity for someone who won't make any effort to help herself.
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Reply to Midkid58
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jacobsonbob Jan 10, 2020
At some point one QUITS feeling any pity for such people!
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Go to the bank with the check and talk to someone in customer service. If he didn't endorse it, there may be a problem with acceptance.
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Reply to peace416
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When my Father died, he left a check in his name with me.
My brother arrived at my house to announce that Dad had died.
He said he would cash the check, and he did.
Then used it for himself. 🙄
The funeral had to be paid by my husband and me.
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Reply to Sendhelp
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Is this a check in your dad's name that you wish to deposit or a check written to you that you wish to cash?

If the account is still open, you should be able to deposit a check as long as it has been endorsed. If it has not been endorsed, however, the bank may not accept it. I'm sure they can guide you on the procedure to follow if that is the case.

Checks written against the account should be honored by the bank even if the owner of the account has passed away as long as the account is still open and has enough money to cover the check.
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Reply to Alicew234
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Have u probated a will? Is Dads banking acct still open? You may not be able to withdraw but you maybe able to deposit. This check would be part of his estate.

Since probate has been closed for my Mom, the bank did allow me to deposit a check in her name for $188 into my acct. I was executor.

Every bank is different. Mine knew my Mom and I. You really need to check with Dads bank to see how to handle it. Checks do have an "experation" date. Some are only good for 90 days after issue date. It should say that on the check. If it does, u will need to contact the company who issued it and ask that it be reissued. Hopefully in ur name.
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Reply to JoAnn29
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Pistnsad Jan 9, 2020
My dad didn't have a will..
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