How to deposit checks made out to deceased ?

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kwan2
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How to deposit checks made out to deceased ?

Post by kwan2 »

Hello, We opened a trust account with wells fargo, with myself as trustee, however checks are made out to my deceased mother's name. And WF is saying they can't deposit them unless they are made out in my name, the issuer of the checks, the mortgage company and BofA credit line rebates, won't reissue the checks in my name. WF is mentioning the small claims affidavid, and I have an estate book, but it mostly, lists how to acquire assets, with the SCA, but I have the checks, just can't deposit them.

Any suggestions, or personal experience, WF is tough, because of the run-around from low level customer service... etc thank in advance !
“The history of Paris teaches us that beauty is a by-product of danger, that liberty is at best a consequence of neglect, that wisdom is entwined with decay."
FinanceGeek
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Re: How to deposit checks made out to deceased ?

Post by FinanceGeek »

Yep, I went into the bank with the check, my mother's death certificate, and a copy of the court order appointing me to be the representative of her estate.

Wasn't WF, but was another national retail bank. They accepted the above.
surfstar
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Re: How to deposit checks made out to deceased ?

Post by surfstar »

Deposit via ATM or smartphone app?

(half-serious, as it very well could work)
Sidney
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Re: How to deposit checks made out to deceased ?

Post by Sidney »

surfstar wrote:(half-serious, as it very well could work)
presumably the other half is talking to his lawyer about the consequences of check fraud.
I always wanted to be a procrastinator.
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kwan2
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Re: How to deposit checks made out to deceased ?

Post by kwan2 »

when I created the account WF accepted one check, in deceased name saying, "we'll do it this one time", another issue, is I have moved back to another state, which has no WF branches, the mortgage company says just send them a DPOA for finances, and they will re-issue, I'm telling them, DPOA is only for the non-deceased, and besides, now I have 2 checks worth $300 total, I could play the mortgage company game, and send them what they want, but would prefer to get WF to take both final checks, I don't think I will receive any further
“The history of Paris teaches us that beauty is a by-product of danger, that liberty is at best a consequence of neglect, that wisdom is entwined with decay."
rixer
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Re: How to deposit checks made out to deceased ?

Post by rixer »

Whenever I have had problems with a teller, I just go outside and deposit at the ATM and that's the last I hear of it.

Not saying that's the right way but it usually works.
SimonJester
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Re: How to deposit checks made out to deceased ?

Post by SimonJester »

First understand that the laws governing all of this vary state by state. The process for filing a small estate affidavit are going to vary. Your state should have the forms online with some basic instructions.

We ran into the same issue with the FIL estate. Basically you have two options, AFTER you have court orders appointing you the executor of the estate you can take a copy of the court order into the bank and see if they will deposit the check. They still can refuse to accept the check in which case you need to get ahold of the company issuing the check and have then re issue the check in the name of the estate or trust. They will want a copy of those court orders and perhaps the death certificate as well.

We ran into the even more fun situation of having a company issue a rebate check several months AFTER probate had closed out, and the court had released the executor of the estate. In that case you have to re open probate, reappoint the executor of the estate, cash the check and re close probate. What a pain that was going to be all for something like a $100 rebate check. Luckily the company agreed it was not worth it to re open probate and accepted the previous court orders along with the final distribution orders showing who got what from the estate and cut the check to the party that the estate was distributed to.
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Abe
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Re: How to deposit checks made out to deceased ?

Post by Abe »

This is why I don't deal with big banks. They are always coming up with things they can't do. My small locally owned bank will do most anything I ask if it's legal.
This has been my experience.
Slow and steady wins the race.
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Ged
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Re: How to deposit checks made out to deceased ?

Post by Ged »

The legal answer is that you need to be appointed trustee or executor of your mother's estate. With the paperwork for this appointment and an original copy of the death certificate a bank will open an account for the estate and you will be able to deposit checks made out to your mother in this account.

Did your mother leave a will?
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kwan2
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Re: How to deposit checks made out to deceased ?

Post by kwan2 »

turns out my local bank, and manager, whom i've worked with before, was wiling to deposit it, with the trust paperwork, here's one for the little banks !
“The history of Paris teaches us that beauty is a by-product of danger, that liberty is at best a consequence of neglect, that wisdom is entwined with decay."
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