What do I do with checks made out to the estate of my mother?

I recently recieved some checks that were made out to My mothers estate, She passed away in Jan. she never had a will or anything because there wasn't anything to give away. I took care of her and all her needs so we just never worried about a will or estate or any of that stuff. Now these checks have come in from my deceased Fathers retirement plan at work and I am not sure what to do with them. If there was a way to cash them to help with all the expences I have encountered since she passed it would be great. Or should I just throw them away?

If you are unable to get the checks reissued in your name (Which is unlikely without a will, since the retirement plan has no way to know that the money should go to you), you should go to your Surrogates Court and file papers for a small estate. This is a simplified method of setting up an estate where the assets are limited. The vale limit of the estate varies by state. Once you have the estate, and yourself named as executor or administrator(Assuming no other heirs), get a TIN from the IRS (Easier than it sounds. You can do it online), then open an estate account at the bank to deposit the checks. The bank should not, if they follow the rules, allow the checks to be cashed or deposited anywhere but an account in the name of your mother's estate.

Once you are appointed to run the estate, you may have more leverage with the retirement company regarding future checks. You should also check with them in case your father put you on as continent beneficiary, and they forgot to check (Happens all the time).

Good luck

Take them to the bank issuing the checks with a copy of your mother's death certificate and your birth certificate. These prove what has happened to your mother and how you are related. Explain the issues and follow their instructions. They may cash them for you, or reissue the checks in your name.

Don't you have a probate lawyer? Or a bank where the estate's assets are being kept? Talk with them.

Contact the organization that administrates your father's retirement plan and explain to them the situation. They will probably require you send them a certified copy of the death certificate. They will go from there as to who the successor payee will be. In our life insurance and retirement plans a contingent beneficiary must be named for just this instance.

In my situation, when I die and if my husband is already dead, the funds from my retirement will be distributed to trust funds for my brother's children's education and medical trusts.

are the checks dated Jan or prior.... ?
after Jan, don't do it baby ......