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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116711
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Issue #1 Deposited a money order into ATM. Bank says they

Customer Question

Issue #1
Deposited a money order into ATM. Bank says they never received. receipt never issued by ATM. receipt for money order has been lost. What aew my options???
Issue #2
Iheritance - Sister kept in reserve $60K incase estate was sued. It's been held 2 years. How long can she hold this money???
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
In order to have a case against the credit union, you bear the burden of proving that you actually made the deposit. The ATM is supposed to not only issue a receipt, but it has a computer log of all transactions made on your card. So if you have not done so yet, you need to contact the CU fraud division and they can pull the video and also the computer records on that ATM. You also need to contact the company that issued the money order to determine whether or not the money order has been processed or you have to report it lost or stolen to get it reissued.
If the CU will not investigate, then your remaining option is that you have to sue the CU for your money and you have to serve them a subpoena for the video and computer records from the ATM to prove the deposit.
2) Your sister can only hold the money until all debts of the estate are paid. If there are potential suits against the estate, the statute of limitations for such suits are 4 years for breach of contract, so that is the maximum time she can hold the funds and if she refuses to distribute them then any beneficiary can file a petition in probate court for an order to distribute the funds and for a final accounting.