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One of the dividend checks arrived shortly before her death. She gave me POA shortly before she died.

The check can’t be deposited because the person that it’s written to has passed away.

In blunt trrms - the dead can’t conduct financial transactions.

Once the person is dead all assets become property of the estate and therefore must follow probate guidelines - and be handled by the representative for the estate.

As well - before the executor can open an account in behalf of the estate their position must be approved by a judge in a probate court. At that point the executor will receive a Letter of Testamentary—- which is what the bank will require as proof that the now officially approved executor may conduct business on behalf of the estate.
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Reply to Rainmom
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Jimbosticks Sep 21, 2018
Thanks, but all the assets do NOT become property of the estate. This is a joint account.
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If your name is on the acct it is also yours. I see no reason why Moms dividend check can't be deposited. Are u Executor? Thenn you will be in charge anyway. If you are not executor then you may need to ask them what they want to do. POA is done at death. If no executor then u will need to go to probate and ask to be an administrator for her estate so you can pay bills.
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Reply to JoAnn29
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I'm sorry for your loss
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Jimbosticks Sep 21, 2018
Thank you.
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You can still write checks from the account to pay your mothers bills - it technically would be you paying with your money. I am assuming of course - that this joint account has “survivorship rights” and you are now the sole owner of the account. Once you have a death certificate it should be fairly easy to have the bank change the account to your name only.

The dividen check that is written to your mother is another thing. As previously stated the check should be turned over to the executor of your mothers estate - who should in turn, be opening a new account in the name of your mothers estate - and will remain as such until probate is over and the estate is settled.

However - while it’s not altogether on the up and up you can try a
sneak deposit. It all depends on if the bank has been notified of your mothers passing.

Do not assume that because you may not have told the bank that they don’t know. For a few days after my
mothers passing only a couple family members had been told that she had passed. However, she was living in a nursing home at the time. I don’t know if it was the home, our hospice folk or the mortuary that cared for my mothers body - but one of them notified Social Security and they notified her bank. It kind of creeped me out - it was so “big brother-ish” especially because my mother was not on Medicaid.

My sympathies on the loss of your mother.
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Jimbosticks Sep 21, 2018
Thanks. My brother and sister are executors. I am paying the bills and for the funeral expenses with what is left in the joint account. Now I have a new problem. The house was in all 5 siblings name, but my mother told the executors before she died, to give me the house. Before she died, I had contracted with a roofer to fix the leaky roof, (with her permission). Now I have two brothers who are insisting I get out of the roofing contract. They worry about liability should a worker fall off the roof.
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Who is executor? It should be deposited by that person.
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Reply to gladimhere
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Jimbosticks Sep 21, 2018
A brother and sister are executors. I had POA, but I understand that ended after her death. I am paying her bills from the joint account.
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