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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4498
Experience:  Almost 12 years of legal experience, primarily in criminal law
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I was just checking my bank account statement & discovered

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I was just checking my bank account statement & discovered that my husband's step mother in law bounced a check written to us as settlement to his step dad's trust. The amount is$11,418!!! I am livid and can't talk to our attorney until Monday!!! Should we contact her or just wait til Monday when the lawyer can file with the DA's Office? She had $42,000 in this account when our lawyers entered into the negotiating process of the will & trust-Now 2 yrs later she signed an agreement & now this!!! I can only think the worst-that she has transferred the money to her son? She also has not pd the December tax bill (already contacted our lawyer)-she has a life estate per the will. Does this bad check writing behavior revoke that status or will she still be able to live there & not pay for taxes, etc. that she is required to (& signed as part of the agreement!) Please give me some guidance re: this matter so that I will be better educated when we talk with the lawyer...thanks!

You can try to contact the police to file charges for the bad check, but generally they will refer you to either a court commissioner or the DA's office. It may be better for you to wait until those offices open on Monday to get it taken care of. They also prefer that you have the copy of the dishonored check with the stamp from the bank showing it was dishonored when you file the charges.

With respect to her life estate, the bounced check probably won't have any effect on that but her lack of paying taxes would. Someone with a life estate has a duty to pay taxes, and the individuals with the remainder can file a lawsuit to enforce that right. Your lawyer can help you file the paperwork for that. It should be taken care of as soon as possible so that the estate doesn't become encumbered by a tax lien or be subjected to seizure.

Good luck.
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