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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 37007
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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I am afraid that your question and details must have gotten cut off...
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If you can repost it, I will try and help.
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Thanks
Barrister
Customer: replied 4 years ago.

My brother passed away in Dec. He left a will for the family that was typed by himself. He didn't have much money to open an estate. I followed procedures to close his bank account by waiting 45 days after his death. We have been constantly getting letters from an organization which my brother apparently tried to make donations to. This man had told me he received his check in nov and tried to cash in Feb after the account was closed. He now wants to know who is in charge of his estate. I haven't responded to the man because I am not sure what to do with this situation.


 

If the check wasn't cashed before brother passed, then it would have become voidable upon his death. So at this point, the estate owes no obligation to the organization to make the check good.
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I would suggest simply sending a simple letter to the person stating that brother has passed and his estate was not solvent enough to be able to honor the check.
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If no one has opened an estate, then there is nothing that the person can do to force payment at this point.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

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