Hixson, TN asked in Estate Planning and Probate for Tennessee

Q: I have power of attorney and several checks made out to the deceased. How do I cash them?

I do have a death certificate.

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1 Lawyer Answer

A: Your power of attorney expired at the moment the individual died- it is not effective after death. These funds now belong to the "estate" of the deceased. Is there a will? If there is no will, then it belongs to his heirs. You are probably going to have to open an estate ( a court process) for the deceased, depending on what, if any, other property the deceased owned. If there's nothing else, a "small estate" procedure might work. Check with your local probate court clerk ( in the county where the deceased lived at the time of death).

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