Kent, OH asked in Probate for Ohio

Q: I have an insurance check made out to my mother's estate. Can I just deposit that in her personal account so I don't hav

She gave me power of attorney to write checks in her behalf and to oversee her account. But now that she's passed we didn't get the executor of the will and the will in time. She has no other assets no property no house no cars nothing

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1 Lawyer Answer

A: The bank might or might not allow deposit of the insurance check. A Power of Attorney terminates when the person dies. So any use of that POA now would be unauthorized. If the bank won't accept it, ask the insurance company if it would reissue the check to an heir or beneficiary. If not, then use the Find a Lawyer to consult a local probate attorney for options, or your local probate court might offer some basic assistance, but many won't.

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