I might be in trouble? Please help!?

Question

My father passed away in march of 2010.  He sold a house a long time ago and he was still getting checks in the mail from the people.  I have been depositing the checks into my account each month and the bank has let me with no questions asked.  We have the same last name so I am not sure if that is why they have let me.  I didn't know anything about what to do when someone dies, because at the time I was 18 and on my own. I thought the money was entitled to me.  Well I just found out that I need to go through a probate court and create an estate for my dad.  Will they find out that I have been depositing these checks?  How much trouble will I get in?  I had no clue it was illegal because my bank allowed me to deposit these checks for 2 years!!

Pea · Accepted Answer

Hmmm this is tricky but I do believe from what it sounds like he had a will and left most of his finances to you? As long as you are entitled to that money I think you may get a slap on the wrist and have to set up the accounts to your name. The biggest issue here would be fraud but since you didn't know and he was your father which probably entitled you to that money I dot think you will get in much trouble, just stop cashing the checks until you figure this all out.

rtfm · Answer

You DO need to let his estate go to probate, but if you are his only surviving relative (where's your mom?) then you would have been his heir, and the house would probably have been transferred to you, and the checks would probably have become your property. However, you still need to do this LEGALLY.

Take some of the money you've been depositing and go have a consultation with a lawyer who's familiar with your state's probate laws.

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I might be in trouble? Please help!?

2 Answers