What to do regarding refund checks in a deceased parent’s name?
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What to do regarding refund checks in a deceased parent’s name?
My mother passed away in April and she had no debt and very little property. However, there where a few items that she prepaid and those companies have sent refund checks in her name after cancellation. There was no probate so what do I legally need to do to try to get these checks in my name as I am her son and only heir?
Asked on September 21, 2019 under Estate Planning, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You can't get them in your name: the issuers of those checks have no connection to you (you were not their customer) and no obligation to reissue them in your name. All you can do is deposit them in an estate account to then distribute them after they clear, but to set up an estate account and be allowed to withdraw from it, you will need the probate court to name you as the estate's personal representative. You will have to decide if it is worth going to that trouble.
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