If my mother-in-law received a check from her late brother’s employer that is in his name, what can she do to cash the check?

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If my mother-in-law received a check from her late brother’s employer that is in his name, what can she do to cash the check?

She only has a death certificate. What kind of legal document does she need to obtain the funds?

Asked on May 18, 2015 under Estate Planning, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The death certificate should be sufficient when presented to the bank teller when the check is endorsed.  The bank teller may have your mother-in-law write some additional information on the check when endorsing it such as her brother's name and date of death, but check with the bank teller before writing that additional information.  If the bank teller is unfamiliar with the procedure for endorsing and cashing the check, your mother-in-law should ask to speak with a supervisor or bank manager.


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