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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33554
Experience:  Began practicing law in 1992
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My brother pases away. He received a check in the mail. His

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My brother pases away. He received a check in the mail. His wife left the house with no word or trace as to where she is. I signed the check but the place where I signed said to sign his name. I used the money to pay off funeral costs. Which the check was for approx 370.00. His wife is now wanting that check and telling me I can get in trouble for falsifying his signature. What legal consequences are there. And what happens if I give her that money back? And she still decides to proceed legally against me?

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

JD 1992 :

How long after he passed away was the check received?

JD 1992 :

What was the check for?

JD 1992 :

Does the wife know for sure you signed it?

Customer: It was received in July 2013. He passed on May 28 2013. It was from his company that he worked for where it came from the child support he was paying for his other children from a previous marriage. She contacted us asking about that specific check and said that someone told her I signed it and I could get in trouble for signing his name.
JD 1992 :

It is forgery to sign his name and cash the check.

JD 1992 :

Giving her the money doesn't make what you did legal.

Customer: What could be the extreme legal consequences against me.
JD 1992 :

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

JD 1992 :

What you need to do is go and hire a local lawyer and let them work this out for you.

Customer: Ok thanks.
JD 1992 :

The problem is that anything you say or do with her can be used against you.

JD 1992 :

The lawyer, however, doesn't have the same issues.

JD 1992 :

They can get an agreement where she doesn't file charges if you give her the money.

JD 1992 :

And they can also word the agreement where it was a mistake as opposed to an intentional act.

Customer: Ok. Thank you
JD 1992 :

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.

JD 1992 :

I think your lawyer will probably be able to get something worked out where this goes away.

JD 1992 :

So you are doing the right thing by trying to handle it early.

Customer: Thanks
JD 1992 :

You're welcome. I'm going to exit now to assist others.

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