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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2263
Experience:  25 years in practice
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There. I recently settled an ICBC claim after 7 years.

Customer Question

Hi there. I recently settled an ICBC claim after 7 years. Prior to me getting my final settlement there was a Direction To Pay made out to my ex husband. He died before cashing the cheque. I would now like to find out if and how I can get the $10,000.00 that has been returned to my trust funds. My ICBC lawyer said he cannot advise me in the matter. Though he had asked me if I was willing to sign the money over to his mother, which I was not. Not sure how I have the authority to redirect the funds in trust but not claim them. I have contacted a few lawyers but to no avail. Please can you help?
Submitted: 1 year ago.
Category: Canada Law
Customer: replied 1 year ago.
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Expert:  Debra replied 1 year ago.
You are not entitled to get the money back simply because your ex-spouse failed to cash the cheque before he died. The cheque must go to his estate. So presumably the executor of the estate will open an estate account and deposit the money there. Let me know if you need any further clarification.

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