Legal Question in Wills and Trusts in California

How can Checkes be cashed to a buisness after the owned dies. Checks are payable to the deceased

Asked on 6/05/13, 7:22 am

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

You've posted from a Maryland zip code. If the decedent resided in Maryland at the time of his or her death, you will want to repost in Maryland.

If the decedent was in California, the issue is whether the deceased died with a will, or with a trust. In the case of a will, the executor will want to start probate, depending on how much property is involved, and obtain what are called "letters testamentary" which are powers granted by the court to collect property, including cashing checks and placing that money in an account. If a trust was set up, there may be a successor trustee who is appointed to do that.

At any rate, I do suggest you speak in person with an attorney for more guidance.

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Answered on 6/05/13, 12:12 pm

William Christian Rodi Pollock

It sounds like the business was run as a sole proprietorship, and not in a separate business entity. While you might be able to deposit funds in the decedents account, you will nexd to clear tite to the busness accounts and assets to obtain funds. This may require a probate or other title transfer process. You need to see a trust and estates attorney.

You will also need to determine what to do with the business itself. Is it to continue? Do you plan to sell it? How will you deal with creditors of the business?

This gratuitous response does not create an attorney client relationship. The advice provided herein is generic, may not apply to your circumstances and is not to be relied upon in your actions. An attorney client relationship is created only upon execution of an engagement letter hiring me or my firm.

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Answered on 6/06/13, 9:55 am

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