What to do if I just cashed a check that my late mother signed for me to use prior to her death?

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What to do if I just cashed a check that my late mother signed for me to use prior to her death?

I cashed the check after her death. Now the executer is going after me for it. Is this right; where do I stand?

Asked on March 18, 2013 under Estate Planning, Colorado

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The check is no good; it would have been stale about 6 months after she made it out to you. However, the issue is going to be whether you are still entitled to the money since you failed to timely cash it. The executor needs this explained that it is rightfully your money and you intend on keeping it and it has nothing to do with the estate as it should have come out of her account prior to her death.


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