If I paid a debt with a bank issued check but the check was never cashed and is now expired, do I legally have to reissue the check?

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If I paid a debt with a bank issued check but the check was never cashed and is now expired, do I legally have to reissue the check?

About 5 months ago I sold a motorcycle. The money should have gone to my mother-in-laws estate. At first it didn’t. I then returned to the court with a bank issued check in the full amount. The check was only good for 90 days and expired about 2 weeks ago. They are now asking for us to re-issue another check. By law do I have to do this? It seems like it isn’t my problem that the estate holder (being my husband) didn’t take care of things when he should have and properly.

Asked on February 23, 2012 under Estate Planning, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Although I can understand how you feel I think that you are not on the winning end of this argument. If the check cost you to be done - a bank fee charged - I would advise the personal representative in writing (is there an attorney helping here?) and ask that the fee be reimbursed for both checks.  Good luck.


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