Manorville, NY asked in Probate for New York

Q: How do I cash a check made out to my deceased parents names

10 years ago my dad transferred his home to me and he became the life estate. He passed away later that year. So the deed is in my name but the mortgage remained in his name and I continued to pay the mortgage. I advised the mortgage company of my parents deaths. I had to sign paperwork so I would be the successor of the mortgage. I recently sold the house. I had 4200 in escrow. The mortgage company refused to issue the check in my name even though I the owner. So now I have my refund check in my deceased parents name. This house was given to me before his death. What can I do?

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1 Lawyer Answer

A: You might be able to use a small estate affidavit to claim the funds. This process is simpler than full probate and could allow you to deposit the check.

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