Legal Question in Wills and Trusts in Georgia

My father passed away without a will. He is due to receive a inheritance check very soon. Can my mom deposit this into their joint account? This is so sad. Thanks.


Asked on 3/23/14, 4:46 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

I am sorry for your loss. I have no idea what you mean by an inheritance check, but your mother can deposit estate assets into an account with a probate proceeding. Some things, like some insurance, pass outside the estate. Your mother and you need to sit down with a lawyer as it appears you are both heirs to the estate and need to file appropriate paperwork in an appropriate court.

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Answered on 3/23/14, 5:03 pm

Who is your father inheriting from that he would be receiving a check?

The answer to your question is that your mother cannot just deposit the check into her bank account if the check is made out to your father.

An estate needs opened for your father and an estate bank account would need created. Any checks owed to your father would go into the estate account

Even if life insurance was owed to him (assuming he was a beneficiary on some other policy).

However, if your father had a life insurance policy and made your mother the beneficiary of that, then any check for the proceeds would be made out to your mother and she could deposit that into her bank account.

Since your post does not make sense and there are no details, I agree with Attorney Ashman that your mother needs to sit down and get a consult with a probate attorney who practices in the county/state where your father lived prior to his death. Your mother needs to acquaint the attorney with the circumstances of this alleged inheritance and indicate what other person died and when. If that other person had a will, it may have to also be reviewed. Some wills have survivorship requirements and if a person does not meet them, then any inheritance may lapse and pass as otherwise specified in a will. Or, if there is no will or the requirements have been met, then your father's share of the inheritance will pass through your father's estate to his heirs or beneficiaries depending on if he (your father had a will). It gets complicated so please have your mother see an attorney.

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Answered on 3/23/14, 11:24 pm


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