Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.
How long after he passed away was the check received?
What was the check for?
Does the wife know for sure you signed it?
It is forgery to sign his name and cash the check.
Giving her the money doesn't make what you did legal.
In TN forgery is a Class E felony and carries a possible penalty of not less than one (1) year nor more than six (6) years in prison. In addition, the jury may assess a fine not to exceed three thousand dollars ($3,000), unless otherwise provided by statute
What you need to do is go and hire a local lawyer and let them work this out for you.
The problem is that anything you say or do with her can be used against you.
The lawyer, however, doesn't have the same issues.
They can get an agreement where she doesn't file charges if you give her the money.
And they can also word the agreement where it was a mistake as opposed to an intentional act.
You're very welcome. Best wishes to you. Please don't forget to leave a Positive Rating (of course I'd suggest Excellent) so I get credit for my work. The experts only get credit from the website when you issue a Positive Rating.
I think your lawyer will probably be able to get something worked out where this goes away.
So you are doing the right thing by trying to handle it early.
You're welcome. I'm going to exit now to assist others.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).