Legal Question in Banking Law in Missouri

My father just recently passed away and we have a check that was in his name. Can we take his death certificate and the will to the bank to have them change the name on the check


Asked on 9/15/10, 5:32 am

1 Answer from Attorneys

Anthony Smith LawSmith

Unless a probate estate has been opened, and a PR (personal represntative) appointed, the bank has no duty to do anything for you. If Dad's bank has not supened his acocutn, then it may be possible to deposit the check into the account. It may take a probat ecourt Order or appointment to be able to get teh money out of the account. But, a cowoner of the accoutn might be able to endorse the check for deposit only. Your fahter's will is just a piece of paper until the probate court say sit is his will. If you have nto already doen so, file the will with the probate cour tin teh county where Dad lived or kept his assets. But, before you do that, his surving spouse and children should consult with a probate attorney in their area, to advise them as to their options of presenting the will for probate or not.

Good luck

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Answered on 10/04/10, 11:45 am


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