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How do you forward checks?

How can I cash these checks? Please help me!?

  • I really need help on this. I was my mother's caretaker until she passed away just recently. I have a document that is signed by her and myself with a notary public seal and signature. I also have her voice recorded where she states that I can sign for her to cash any checks that come for her. Before she did passed away, she received a check that she was able to sign for and it was cashed. I recently received a phone call from the same company that told me that my mother is suppose to receive two more checks. These checks are from a law suit. The big problem that I have is that I do have the proof that she gave me permission to sign for her, but now that she is not around, I want to know how can I go about this? Is the notarized document that we both signed still valid? Should I sign the check and cash them? Would the company issue the checks under my name instead of hers?

  • Answer:

    Iv'e never been through that, but my opinion is try taking the checks to the bank your mom went to, show your ID card, the notary, and your mother's death certificate so that they can match the names and see that everything is legal. If that doesn't work(even though I don't see why it shouldn't) get a power of attorney, and the power of attorney will have it done for you.

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If the checks are due to your mother and her bank account is still open, you can deposit them to her account. The company issuing the checks will not change the name on the checks without letters from the court, so if mom's accounts were already closed, then you have to get Letters Testamentary from the court. Her accounts would be settled through the probate process, or small estate probate if she does not have much in assets. You do need to settle her estate through the legal process her residence state requires.

While she was alive, the documents and recording might have been enough, but when she died, your status changed. You now must be appointed by a court as the executrix of her estate. That's not easy, and it takes time. The deal is that there may be other people who have a right to a portion of the estate, and you won't be allowed to access any of it until it's settled. So it depends on your circumstances. If there's no surviving spouse, no other family, no siblings, neices, brothers, sisters, parents, etc. then you can just go to court alone and take your chances that you'll be unchallenged. Along with cashing the checks, you'll have to settle the estate, too. That's your job as executrix (a female executor).

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