Question about uncashed checks and bank accounts

[dorothymantooth]

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

My uncle passed away with a will and made his roommate the Executor. He left the bulk of his estate to his roommate. Prior to his death, my uncle received two checks (for around $600) that remained uncashed at the time of his death. After my uncle's death the roommate deposited the checks into my uncle's savings passbook account. Some days later, the roommate discovered that my uncle took out the passbook account in his name and in my name jointly. (I did not know this) The roommate gave me the passbook when I asked and I went to the bank and withdrew all the money and closed the account. Now the roommate is asking for the $600 back, saying that it is his because he is the executor.

Who does the $600 belong to?What is the name of your state (only U.S. law)?

 

[LdiJ]

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

My uncle passed away with a will and made his roommate the Executor. He left the bulk of his estate to his roommate. Prior to his death, my uncle received two checks (for around $600) that remained uncashed at the time of his death. After my uncle's death the roommate deposited the checks into my uncle's savings passbook account. Some days later, the roommate discovered that my uncle took out the passbook account in his name and in my name jointly. (I did not know this) The roommate gave me the passbook when I asked and I went to the bank and withdrew all the money and closed the account. Now the roommate is asking for the $600 back, saying that it is his because he is the executor.

Who does the $600 belong to?What is the name of your state (only U.S. law)?

Legally its your money. The account belonged to you.

 

[NorthDakotaStep]

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

My uncle passed away with a will and made his roommate the Executor. He left the bulk of his estate to his roommate. Prior to his death, my uncle received two checks (for around $600) that remained uncashed at the time of his death. After my uncle's death the roommate deposited the checks into my uncle's savings passbook account. Some days later, the roommate discovered that my uncle took out the passbook account in his name and in my name jointly. (I did not know this) The roommate gave me the passbook when I asked and I went to the bank and withdrew all the money and closed the account. Now the roommate is asking for the $600 back, saying that it is his because he is the executor.

Who does the $600 belong to?What is the name of your state (only U.S. law)?

How did you not know that the savings account was opened in both of your names? In the bank I work for both people on the account need to sign paperwork in order to open the account.

 

[dorothymantooth]

I don't know. It was in my maiden name and I've been married for 5 years so he must have opened it prior to that. I had never been in that bank in my life except to get the money out of that account. I never went with my uncle to open a bank account. Maybe it's different for passbook accounts????

 

[anteater]

Just as a point of clarification, an "Executor" is not an Executor until the Surrogate Court appoints that person as Executor.

I'll take the contrarian view. Despite the roommate/"Executor" playing fast and loose with the checks, if he were willing to push it, I suspect that the court would agree that the funds properly belong to the uncle's estate. (Although the court may slap him around some.)

 

[NorthDakotaStep]

From the bank's standpoint the person rightfull owner of the funds is the OP.
The roomate decided to put the uncashed checks into a account with the deceased persons name on it. This account also had the OP name on it. The OP has everyright to come into the bank and close out the account. The only issue would be if the account was set up without rights of survivorship [where intent is not to pass ownership to surviving owner(s)].

What is at stake here is what was the intent of the $600?

 

[NorthDakotaStep]

I don't know. It was in my maiden name and I've been married for 5 years so he must have opened it prior to that. I had never been in that bank in my life except to get the money out of that account. I never went with my uncle to open a bank account. Maybe it's different for passbook accounts????

Were you listed as an account owner or as a beneficary?

 

[dorothymantooth]

I was the co-owner of the account, not the beneficiary. On the passbook it has both of our names as owners.

I'm not sure what you mean by what's at stake. It's "only" $600 but for me and my husband it's getting us a little bit more out of debt. As for what the roommate was going to use it for, I have no idea. The funeral costs were paid with an insurance policy. The roommate got the house and 2 cars (free and clear) when my uncle died so I'm not sure why this $600 is a big deal.

 

[Zigner]

The funds were assets of the estate and were improperly deposited. The estate MAY have a claim against you for the amount deposited (and subsequently withdrawn by you.)

 

[anteater]

From the bank's standpoint the person rightfull owner of the funds is the OP.

The roomate decided to put the uncashed checks into a account with the deceased persons name on it. This account also had the OP name on it. The OP has everyright to come into the bank and close out the account. The only issue would be if the account was set up without rights of survivorship [where intent is not to pass ownership to surviving owner(s)].

If you are referring to my "contrarian view," I agree that the bank has done nothing improper.

If the roommate opens probate, is appointed as the executor of the estate, and petitions the court to order the OP to return the funds to the estate, my opinion is that the executor would be successful. The funds rightfully belong to the uncle's estate.

What is at stake here is what was the intent of the $600?

Huh? According to the OP, these were checks that the uncle had received but had not yet cashed/deposited.

 

[Zigner]

...I'm not sure why this $600 is a big deal.

You're absolutely right...if it's not such a big deal, just do the morally correct thing!


I really have no idea why people are just fine with taking other people's money just because they feel the other person doesn't "need" it.

 

[NorthDakotaStep]

The funds were assets of the estate and were improperly deposited. The estate MAY have a claim against you for the amount deposited (and subsequently withdrawn by you.)

How were they improperly deposited? The roomate decided to put them into an account.

 

[NorthDakotaStep]

What I meant by the intent of the funds is where they came from. Where they paychecks, remimbursement, etc. Would these checks have gone into the savings account if the gentlemen had not died? Or were there other accounts that the money would have gone into?

MY opioion - If they would have gone into the savings then I feel the OP should have the money. If the intent was not to put the money into that account but another one without the OP or cashed then the roomate should have the money.

 

[anteater]

How were they improperly deposited? The roomate decided to put them into an account.

The roommate had no business depositing them unless he had been appointed as the executor by the Surrogate Court - OP does not make clear if the roommate had been appointed when the deposits took place.

Even if the roommate had been appointed, the proper thing to have done would have been to set up a separate "estate account" and deposited them in that account.

 

[Zigner]

How were they improperly deposited? The roomate decided to put them into an account.

Because the asset belonged to the estate.

The more I think about it, the more I think you are kind of a low-life. It's not now, nor was it ever, your money.