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Rules about Wills can vary by state and you don't say what state your Mom lived in.

Go online to her county's (or district's) website and search "probate" to find out if it is required. You can probably even call the govt offices and the clerk can tell you.

When I did a search: Minnesota+"when is probate required" here is what came up...

"If your personal property exceeds $75,000 or you own real estate in your name alone, your estate must be probated."

Source: https://www.ag.state.mn.us/consumer/handbooks/probate

The need for probate is triggered not by the presence of a Will but by the amount of assets left in the deceased's name.
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seldel Apr 2023
I'm in Tennessee. Thanks for your response.
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I would contact the facility about reissue of the check (asap) If they return the money to you , deposit it to the bank account.

you will need to resolve this some how. Is there a will ? Were you comfortable with the lawyer ? Make an appointment with the lawyer or another .. the estate should pay for it..

My opinion and thought process is , if there is not a valid will
your brothers children have no claim.
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seldel Apr 2023
I contacted the home office of the facility more than once to request it be made out to me rather than "estate of..." They refused even though I explained that I am the one who signed the rent checks, and I wanted to be able to deposit back into the account from which it was written.
If I can ever get any clear direction and begin the process I will contact them again.
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