Legal Question in Wills and Trusts in Colorado

Hello, I was the Financial and Medical POA for my mother. She gave me a cashiers check from her bank made out to her but didn't sign it before she passed away. I deposited the check to pay for her funeral but the check was returned. I am also the executor of her estate. Is there any way the check can be reissued to me to cash?

Asked on 9/11/13, 9:05 am

2 Answers from Attorneys

Dave Rich Flatiron Legal Advisors, LLC

If you are her personal representative, you have control over her bank account now. However, you should open an estate bank account to pay for estate expenses, etc., which also requires you to get a EIN number from the IRS. I offer a free initial consultation, so please feel free to call me if you would like to discuss this question or other estate issues further. I hope this helps.

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Answered on 9/11/13, 9:10 am

Dennis Valentine Law Office of Dennis Valentine

I am sorry for your loss and recognize people in your situation have a lot to consider. Many attorneys including myself offer a free consultation. You may find it helpful to talk to an attorney about handling her estate depending upon whether a will exists and the size and and type of property she owned at the time she died.

If she did not own any real estate and her total estate assets do not exceed $63,000, you may be able to handle this bank account and her other assets using an Affidavit. That Affidavit is available on the Colorado Supreme Court and can be completed without hiring an attorney. If her estate is larger, you will need to talk to an attorney, but you may be able to handle the estate yourself.

Best wishes.

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Answered on 9/11/13, 10:44 am

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