Q: My mother in laws brother passed away a few months ago, and left no estate, no will, nothing of that nature.
He did have her name on his apartment lease though, so she was left with the apartment which got cleaned out and returned. The apartment complex sent a check but it's in his name. Can she still legally cash the check?
A: The bank probably will not allow that withour either (a) a court order approving an Affidavit of Small Estate signed by all the heirs or (b) a court order determining the heirs and appointing an estate administrator. An Affidavit of Small Estate can be filed by the heirs if there is no will and if the person left no debts other than those secured by real estate, a homestead, up to $60,000 in personal property and household goods and up to $75,000 in other property. You may find the form at you county court or on the website of the Travis County Probate Court.
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