My father passed away in December 2008 with out leaving a power of attorney. I am his last of kin, and his former employer sent me his last payroll check, and I have been unable to cash this check. How can I get a power of attorney after his death?
You can’t get a power of attorney. I am assuming his estate is so small you don’t probate it? If not, the check is part of the estate and give it to the executor.
If there is no executor, the estate is small, etc., check with the court clerk to see if your state provides a simplified method of settling an estate — in my brother’s case I just filed an affadavit with the bank to get possession of his bank account (along with a death certificate). I settled his affairs as his next of kin under the laws that said I had to use his assets to pay his debts and kept anything left over.
