If my Trust check was stolen, can I get another “end-of-year” disbursement sent to me?

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If my Trust check was stolen, can I get another “end-of-year” disbursement sent to me?

I’m part of a Trust and my aunt is the Trustee. It was brought to my attention
that there was an “end-of-year” disbursement send out. I’m just now finding out that someone stole the check and cashed it.

Asked on February 17, 2016 under Estate Planning, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The issue is when/where/how it was stolen. If stolen before you received it (e.g. taken from your mail, or from your aunt's desk by a cleaning person or family friend before she mailed it), then you should be able to get another check, because *you* never received the check. But if it was stolen even seconds after you got it--e.g. you took it from the mail, set it down for a moment, and someone took it--then you can't: in this case, the trust discharged its responsibility by getting the check to you, and what happens after you had possession of it is not the trust's concern.
You may be able to have the banks identify who cashed the check and sue them for the money, too. And you could file charges against that person.


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