Q: I live in Oregon. My husband died in August 2019 and has recieved a check. How do I cash it?
A: Please repost your question with the amount of the check. It makes a difference.
A: Did you have a joint account? If so, you can just deposit it in your joint account without any endorsement. It should go right through. I would do it through an atm or a banking app and not in person at the bank as they might ask questions. As long as you are 100% sure that the money is yours as his sole heir and survivor, then there is no one to complain. The only caveat I need to tell you is that you are using his money that was also available to pay his final debts. So even if you are able to run it through your joint account you still need to pay his creditors to the extent that he left any money at the time of his death.
If you don't have a joint account then another option is to figure out if it is the type of check that might be reissued in your name. Sometimes someone who knows you and the situation will reissue the check, like his employer.
If neither of those options work then you can consider filing a small estates affidavit that will give you the power to manage his estate.
Theressa Hollis agrees with this answer
A: I am sorry for your loss. If you have been unable to negotiate the check and it is under $75,000 you may need a small estate affidavit. You can locate forms online that will work for Oregon but it's often best to hire a probate attorney to assist you to make sure you do it correctly.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.