If someone forged a check after my Dad passed away or right before he died can I get that money back? I am the executor of the estate and it's clear that his signature does not match any of his other signatures. The check was used to pay taxes on a house for his step daughter who he did not get along with too well. The estate is actually in Texas.
Country relating to Question: United States
State (if USA): Illinois
I have tried to get them to admit that they forged it or that it was a 'loan' from him but they say that they know nothing about it.
Were you appointed executor by the Court in Texas?
Yes I was and I have the letters of testimentary.
Have you notified the bank that you think the signature was forged?
Yes, and they agree it appears to be forged.
So has the Bank offered to cover the check it paid based on the forged signature? The Bank does have a duty of care here...
They have not. I guess that is the route I should take?
My opinion is that the bank was negligent in honoring a forged check, but the person who forged it is also liable.You can present a claim to the bank and if the bank refuses to repay the funds, you can sue both the bank and whoever forged the check.I hope this information is helpful.
Thank you for accepting my answer.
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