With N0 will and No POA…how can i sign my fathers name on a check?

UPDATED: Sep 30, 2022

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With N0 will and No POA…how can i sign my fathers name on a check?

My father passed away Thanksgiving morning 2016. The mortgage to our
home is in his name and my x-husbands name. Home owners insurance is
the same way. Part of our roof blew off in a bad wind storm and I had
to fight with them to finally pay for it, which they did. But, the
check is made out to… The estate of Elias Back Larry Mounts Sr. and
Capital City Bank. They all have a copy of dads death Certificate.
But because there is no executor of his estate…I can’t cash it to
fix our roof. There are only myself and my 2 brothers living. Dad
left me in charge of everything, but no legal paper to show it.
Probate won’t help. What can I do?

Pearl Mounts

Asked on May 8, 2017 under Estate Planning, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Contact the probate court and ask for how to be appointed the "personal representative" or "adminstrator" of the estate: this is a court-appointed person who fills the role of an executor when there was no executor appointed by will. The court can appoint you and grant you power over the estate's assets--it will involve filing a petition with the court, and could take several weeks to be processed. Again, you can get the information for how to apply from the probate court's clerk's office. Depending on how comfortable you are with legal process, you may wish to hire a probate attorney to help, but ask about the cost first, before hiting him or her: this can be expensive.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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