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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 37386
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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I had a neighbor that passed away around Easter of 2014. A

Customer Question

Hi, My name is***** had a neighbor that passed away around Easter of 2014. A nephew from out of state handled the estate and sold me my neighbors vehicle. It took him a year to sign the title over to me and I sent him a check, Pay to the order of the estate, c/o the nephew. After 2 months I called the nephew to remind him to cash the check because my bank was still showing it uncashed. Here we are 15 months later and the nephew calls me saying he never did anything with the check but it's now too old to cash and wants me to send him another check. This time he wants the check made out to him. What should I do and what am I legally required to do.
Thanks, Jim.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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If he failed to cash the check, then he can still request payment if the bank won't negotiate the check because the civil statute of limitations on an oral contract in Michigan is 6 years.

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But since it was the estate that sold you the car through the executor, then if it were me, I would request that he send the old check back to you and you will replace it with a new one made payable again to the estate.

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Then it is up to the nephew to deposit it into the estate account and disburse it according to the will or estate plan.

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I would not make it out to the nephew personally.

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thanks

Barrister