My mom is deceased and we didn't get a POA. She gave me her house. The question I have is that I received two checks from a bill creditor, but the problem is the check came in my mom's name. How can I cash the check?
By Sher from Anniston, AL
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Power of Attorney is only effective while the person is alive and ceases after they die so having POA would not have made a difference in this case. Depending on your mother's bank policies, you may have to open an estate account and deposit those checks into it. That account would also be helpful to pay any outstanding bills she would have. In order to be put in charge of your mother's finances, you would have to be made executress of her estate. If this was not already provided for in a will, your local county office can help you. Check with an attorney for guidance.
You might discuss this with your bank, an attorney with experience in POA, Wills, etc.
Talk with someone at your mother's bank for advice.
Did your mother give you her house outright before her death and is it in your name only?
Hopefully she made arrangements with her bank for someone to be able to acquire the funds as it would be illegal to sign her name to receive cash or even to withdraw her money from an ATM.
You may have to have an attorney - weigh the cost of an attorney against what you can receive - as it may not be worth it.
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