Carson City, NV asked in Estate Planning, Probate and Banking for Nevada

Q: cash a check from a loved one who passed?

My brother became sick and he wrote me a check for $30000 i deposited it to my account but it was denied due to funds not being in checking so he transfered funds and wrote me another check i deposited it then he died the check was denied for an unknown reason my account was froze then closed due to fraud which i am in process of fighting i got his death cert took it into my brothers bank along with uncashed checks written before death and was denied cashing them. He lived with me and I just want to pay for his funeral he has absolutley no other assets never married no kids and I dont know what i can do

1 Lawyer Answer
Lee Drizin
Lee Drizin
  • Estate Planning Lawyer
  • Las Vegas, NV
  • Licensed in Nevada

A: Sorry to hear about the loss of your brother. In the event his estate consisted solely of the bank account and it was under $25,000, then you would be able to access the account through the use of Nevada's Small Estate Affidavit. Unfortunately, due to the amount involved, this will not be available and you will need to proceed with the commencement of a proceeding known as a "set aside" (assuming the total estate is less than $100,000). The Court would order the estate be set aside to you, if you are the only heir, and you would then be able to pay the funeral expenses upon receipt of the funds. However, a petition filed today will not be scheduled to be heard for approximately four months after it is filed. The only other way to address the funeral expense is to pay the amount currently due from your own funds and then seek reimbursement once the set aside or summary administration is completed.

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