Q: Should my probate attorney hold onto my deceased relatives estate account checkbook? Or should I?
They want to hold onto the check book for my deceased family members estate bank account so that they can fill them out when necessary and then just have me sign them as personal representative of the estate. I’m not too comfortable with this and wanted to know if it was something that is a normal request of a probate attorney?
A: No, you as the Personal Representative should handle this account and check writing. I assume there is some sort of a trust issue, concern or worry on both sides here for some reason. A Personal Representative should write out checks as directed by the law offices or as reviewed by the law office if there is any doubt. I will presume that the law office has discovered this is the best way to handle any errant check writing by Personal Representatives based on experience. If you take a poll of probate attorneys, I would presume that most all do not hold the checkbook. I have never held a checkbook for a Personal Representative. The again, it may be the way they have determined is best to handle probate matters.
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