Hazel Green, AL asked in Probate for Tennessee

Q: Received a check in deceased mothers name from Honda. “A refund due to over payment on her account.”

My mother passed in 2019, with no will and very little assets. An estate bank account was never opened. I did have to file for a small estate affidavit and have a couple of checks she received and her car and truck listed on it in order to receive the vehicles and cash the checks. The small estate affidavit now is no longer valid. Her car, a Honda, which was still owed like $3500 on (and I had just started paying payments with car still in her name) got repossessed and sold at an auction. Honda sent a check for $5600 in my mothers name. What do I need to be able to cash this check? Or what do I need to do? My credit union that she also banked at will not cash the check for me. Please help! I need this money. Covid has taken a toll on my finances and I am struggling right now.

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
  • Probate Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: That Small Estate Affidavit should be enough for the Bank to honor the check. You may wish to try another Bank. Sometimes Letters of Administration are issued from the Small Estate Probate, which should be your authority to cash the check. If nothing else, contact me.

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