QUESTION

I was involved with a man who pay my rent he gave me a check for rent in case anything happens to him he was sick and reasoning past a way he was sick

Asked on Jan 05th, 2015 on Trusts and Estates - Georgia
More details to this question:
I have tried calling the lawyer over the estate and expand the issues but he doesn't answer or return my calls I want to know can i cash this check im 2 month behind in rent
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1 ANSWER

Wills Attorney serving Alpharetta, GA
4 Awards
Please accept my condolences on your loss. Unfortunately, while your friend may have intended for you to be able to cash the check he gave you in the event of his death, it is very likely that his bank account was frozen when he died. In that case, if you deposit or try to cash the check, it may bounce. If you are pretty certain that the check was intended to be a gift to you, you may be able to legally cash the check even shortly after his death, but if his account has been frozen you are really pursuing a claim against the estate at this point and not a gift. Whether that claim is legally enforceable is another question. If you try depositing the check, I would assume that it will bounce and be prepared to incur a fee from your bank. I also would NOT write any checks against the deposited amount until you are sure it will clear. The safer option would likely be to write to the attorney for the estate or the executor directly, if you know who that is. Include a copy of the check (not the check itself) and state that you believed it to be a gift which you unfortunately were unable to cash before your friend's death. State that you are owed the money by the estate and are making your claim for the amount of the check known. I would send that by certified mail, return receipt requested (keep the receipt from the post office). I would also keep a copy of everything you send. It does not guarantee you'll get anything. But at least you will have put the estate on notice that you believe you are owed money. If your claim is denied and you want to pursue it, you may need to hire an attorney to help you. I don't know that I would recommend you spend that money, however. In the meantime, it would be best if you found another way to pay your rent. I hope you are able to get things worked out.
Answered on Jan 06th, 2015 at 1:26 PM

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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