Q: how do we or can we cash checks received for deceased relative
my brother in law passed away in December 2019. he has no spouse, no children, no assets, bank account was closed while he was sick.
in January we received a check from his union payable to him for a pension plan and 4 payroll checks from his employer paying out his vacation time.
my husband and I have power of attorney. Can we open a bank account in his name and deposit these checks to access the cash? my husband and his sister were both named beneficiaries of his larger pension that has not yet been paid out. there will most likely not be any more money to deal with other than these 5 checks in our possession right now.
A: No, do not use power of attorney and/or open account in decedent's name. The POA ended at his death. You should find California small estate affidavits. There are free forms online. The next of kin (one or more people) would all sign that form and send back with the original check. They should re-issue check to the heir or heirs or beneficiaries of the will. Good luck.
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