QUESTION

Can personal checks that were given as gifts 5 years ago and never cashed be presented for payment at the time the estate is settled?

Asked on Jan 25th, 2016 on Trusts and Estates - Georgia
More details to this question:
N/A
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2 ANSWERS

Probate Litigation Attorney serving Lawrenceville, GA at Robert W. Hughes & Associates, P.C.
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The short answer is yes.  You should ask the executor to issue a new check to replace the stale check.
Answered on Jan 26th, 2016 at 6:45 AM

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Wills Attorney serving Alpharetta, GA
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No. First of all, those checks likely would not be honored by the bank anyhow. Second, the account should be frozen after the death of the owner, so the checks won't clear. At best, the holders of the uncashed gift checks can try to claim the status of unsecured creditors of the estate, and try to have the estate give them new checks. Which raises the question for me: why weren't the checks cashed in the first place?
Answered on Jan 26th, 2016 at 6:23 AM

This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.

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