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HEIR W/N CASH DISBURSED CHECK

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EXECUTOR

Guest
MICHIGAN - Independent Probate

Disbursements h/b made to heirs of estate; 1 heir is disclaiming inheritance & h/n cashed check written from estate checking account nor has heir returned check to Executor. How can Executor close the estate if heir does not cash the check (dated 8/2000)? Judge ruled that proper disbursement be done [as Executor has done].

 


A

advisor10

Guest
FEB 17, 2001

DEAR EXECUTOR:

A person does not have to accept an inheritance left in a will: he can simply disclaim it. If the will provides for an alternate person to receive the gift, the gift will pass to that individual. If no provision for an alternate has been made, the gift normally passes to the "residue" of the estate, to be distributed according to the will's instructions or as the executor may decide.

Ask the disclaiming heir (by letter) to send you a letter that officially notifies you of their intention to disclaim, and the reason, and ask for the return of the check. Send your letter by certified mail so you will have proof of receipt.

You can discuss with the probate judge how to handle the closing of the estate in regards to this matter--the disclaimed heir's letter may be enough to put in the file along with the other documents, or even your letter to notify the disclaimed heir. You can also ask the judge how the funds should be dispersed or if they should be given to a trustee to hold temporarily until that decision (on how it is to be spent) can be made.

Hopefully the disclaiming heir is not dissatisfied with his share of the estate and asking for more or contesting the estate; hopefully they want the money to go to someone else who is more deserving or don't feel right about accepting it for some reason.

SINCERELY,

[email protected]
 

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