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Thread: Estate settlement checks not cashed

  1. #1
    debodun is offline Member
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    Estate settlement checks not cashed

    What is the name of your state (only U.S. law)? NY

    I am finally done with my aunt's estate business. I had to write 4 checks two months ago - to a hospital, the estate attorney and two beneficiaries (another aunt and uncle who are the surviving brother and sister of this aunt). The hospital and the attorney have cashed their checks, but the aunt and uncle haven't. I wrote all the checks and gave them to the attorney who said he would see they were sent properly. What would be the proper course of action now?
  2. #2
    Antigone* is offline Senior Member
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    Quote Originally Posted by debodun View Post
    What is the name of your state (only U.S. law)? NY

    I am finally done with my aunt's estate business. I had to write 4 checks two months ago - to a hospital, the estate attorney and two beneficiaries (another aunt and uncle who are the surviving brother and sister of this aunt). The hospital and the attorney have cashed their checks, but the aunt and uncle haven't. I wrote all the checks and gave them to the attorney who said he would see they were sent properly. What would be the proper course of action now?
    Two months is not a very long time. Have you called the recepients of the checks? As far as I am concerned, that would be the appropriate action to take at this point in time.
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  3. #3
    debodun is offline Member
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    How long, then, would be a reasonable time to wait? Then if nothing happens with the checks, I can pursue it.
    Last edited by debodun; 06-29-2013 at 07:26 AM.
  4. #4
    Antigone* is offline Senior Member
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    Quote Originally Posted by debodun View Post
    How long, then, would be a reasonable time to wait? Then if nothing happens with the checks, I can pursue it. If it were me that received a check, I'd be right down at the bank!
    So what did the recepients of the checks say when you asked them why they haven't claimed their funds yet?
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  5. #5
    curb1 is offline Senior Member
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    Make some phone calls (today). This isn't that difficult.
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  6. #6
    debodun is offline Member
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    These people are in assisted care facilities. I would not know how to reach them directly or even if they would know what I am talking about or what the checks are for (Alzheimer's involved). I am trusting that the people responsible for their business (whoever they are) are taking care of it.
  7. #7
    OHRoadwarrior is offline Senior Member
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    You are assuming people are responsible for their business.
  8. #8
    LdiJ is offline Senior Member
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    Quote Originally Posted by OHRoadwarrior View Post
    You are assuming people are responsible for their business.
    Someone is responsible. If a patient with Alzheimers has no family to take responsibility a social worker/financial guardian gets assigned. What is possible is that whomever has received the checks are holding off cashing them until they see what effect those checks will have on the patient's Medicaid.
  9. #9
    OHRoadwarrior is offline Senior Member
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    Quote Originally Posted by LdiJ View Post
    Someone is responsible. If a patient with Alzheimers has no family to take responsibility a social worker/financial guardian gets assigned. What is possible is that whomever has received the checks are holding off cashing them until they see what effect those checks will have on the patient's Medicaid.
    In a nursing home, the responsible party may simply be appointed to coordinate their medical affairs. We do not have enough to info to determine otherwise. Some old people just do not appreciate the significance of anything beyond their daily routine.
  10. #10
    LdiJ is offline Senior Member
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    Quote Originally Posted by OHRoadwarrior View Post
    In a nursing home, the responsible party may simply be appointed to coordinate their medical affairs. We do not have enough to info to determine otherwise. Some old people just do not appreciate the significance of anything beyond their daily routine.
    Huh? You obviously have no experience with this. Anyone who is in a nursing home for Alzheimers has a financial guardian or at least a POA if social services does not have to get involved. It may be a family member with a POA or it may be someone appointed as a financial guardian, but they ALL have one or the other.
  11. #11
    OHRoadwarrior is offline Senior Member
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    You are assuming they are mentally incompetent. That has not been stated. They could be in the nursing home for a variety of reasons.

    Quote Originally Posted by LdiJ View Post
    Huh? You obviously have no experience with this. Anyone who is in a nursing home for Alzheimers has a financial guardian or at least a POA if social services does not have to get involved. It may be a family member with a POA or it may be someone appointed as a financial guardian, but they ALL have one or the other.
  12. #12
    LdiJ is offline Senior Member
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    Quote Originally Posted by OHRoadwarrior View Post
    You are assuming they are mentally incompetent. That has not been stated. They could be in the nursing home for a variety of reasons.
    The OP stated that is was alzheimers, so I assumed nothing.
  13. #13
    OHRoadwarrior is offline Senior Member
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    Quote Originally Posted by LdiJ View Post
    The OP stated that is was alzheimers, so I assumed nothing.
    Where did you get your medical degree from, Magic 8 Ball University? I am sure OP has not seen papers declaring them medically incompetent nor have you. OP needs to do their own leg work, to discover what is going on, if having the checks cashed is a priority to them.
  14. #14
    LdiJ is offline Senior Member
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    Quote Originally Posted by OHRoadwarrior View Post
    Where did you get your medical degree from, Magic 8 Ball University? I am sure OP has not seen papers declaring them medically incompetent nor have you. OP needs to do their own leg work, to discover what is going on, if having the checks cashed is a priority to them.
    Oh for goodness sake. People know when they have family members with alzheimers.

    Sometimes you would really be better off just not saying anything else. This is classic you...start off making an inaccurate statement, then when you are shown to be wrong you then change the subject to say that it doesn't matter anyway because the underlying issues is not proven, and then when you get shown up on that you insult the poster who did so.

    It would have been a whole lot easier just to have said..."Oh, I didn't know that alzheimers patients were assigned financial guardians/social workers if there was no family member to take on that responsibility".
  15. #15
    debodun is offline Member
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    Sorry to have caused this contention with my question. To clarify - I have been informed that one of the distributees definitely has Alzheimer's, the other has agoraphobia which prevents that individual from leaving the residence. I did check with the bank today (in person) and was told the checks had just been cashed, but to let the account remain open for at least a week to give them time to "clear". After that, whatever remains is my share as a disrtibutee and for being the administratrix. Thanks again for your guidance.

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