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Ely
Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 101028
Experience:  Fully licensed attorney in Texas in private practice.
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What time limit does the PA Estate Law have to cash

Customer Question

What time limit does the PA Estate Law have for people to cash inheritance checks?
If checks are not cashed does money go to next family member in will so estate can be closed?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts not participate in phone calls and I may or may not be able to participate in this feature. This depends. Can you please tell me more about the situation? Why is this an issue? Was the check issued by the Executor to the beneficiary, who has not cashed it? Etc.This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.
Need to close estate. Mom died Aug. 2012. Two checks written after property was sold where never cashed. . The first was Oct. 15, 2014 to a bank to pay credit card balance. Check was never cashed or returned. The second was to a person who had lived with mom and Will stated he was to receive money if alive and only to him. This person stated to me he did not want any thing at mom's burial. Sent he was listed in will i sent check to him on date listed above, with instructions that if he still felt that way to send check back or destroy it. He has sent moved out of state and I do not know where. He is now 89 so may be dead. Since checks where not cashed in two years, would like to keep money as my inheritance and close estate. So I was looking for Statues of limitations on Time to Cash Checks has been met. Thank you, Ronald
Expert:  Ely replied 1 year ago.
Thank you, ***** ***** is no such statute of limitations for "how long a beneficiary has to cash the check." This rule simply does not exist. What the Executor wants to do in this situation is to file a motion to ask the court to close the probate process and set it for a hearing. One would have to serve all the parties, including the two that have not cashed the checks. Once the Judge hears the situation, the Court will either (a) allow probate to close regardless, or, (b) allow a few more days/weeks/re-issuance of checks if needed, and then close the probate.If a party cannot be found, one may have to serve them via alternative means to last known address, for example.Please note: If I tell you simply what you wish to hear, this would be unfair to you. I want to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.
Expert:  Ely replied 1 year ago.
Thank you, ***** ***** is no such statute of limitations for "how long a beneficiary has to cash the check." This rule simply does not exist. What the Executor wants to do in this situation is to file a motion to ask the court to close the probate process and set it for a hearing. One would have to serve all the parties, including the two that have not cashed the checks. Once the Judge hears the situation, the Court will either (a) allow probate to close regardless, or, (b) allow a few more days/weeks/re-issuance of checks if needed, and then close the probate.If a party cannot be found, one may have to serve them via alternative means to last known address, for example.Please note: If I tell you simply what you wish to hear, this would be unfair to you. I want to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.
Expert:  Ely replied 1 year ago.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.