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Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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My dad and I have the same name not middle name and an

Customer Question

Hi my dad and I have the same name not middle name and an insurance policy that I have been receiving a statement on for years turns out they have my SS# ***** address and his birthday and they weren’t sure but its his policy. He is in a VA hosp as a paranoid Pscytzo and has been for many years though he is fine with meds. I filled out the paperwork and the check ($14,000) was sent to me. I took it to him and he said he wants me to have it (hes always said he wanted me to have money that he receives). I was going to put it in an accounts but if he gives it to me is that legal? I had him sign the back of the check to sign it over to me and I also wrote up a document stating that he gave the check to me and he signed it.
I was going to dep the check into my account since he said he wanted me to have it but I want it to be legal.
Advice would be greatly appreciated.
Submitted: 11 months ago.
Category: Legal
Expert:  legalgems replied 11 months ago.

So to be clear, the payout was legitimate, and it legally belongs to the father? Also, does the father have sufficient mental capacity to understand the transaction-ie that by signing the back of the check and the document that he is essentially gifting the money to another person?