Nixon Peabody LLP

  • People
  • Capabilities
  • Insights
  • About

Trending Topics

    • People
    • Capabilities
    • Insights
    • About
    • Locations
    • Events
    • Careers
    • Alumni

    Practices

    View All

    • Affordable Housing
    • Community Development Finance
    • Corporate & Finance
    • Cybersecurity & Privacy
    • Environmental
    • Franchising & Distribution
    • Government Investigations & White Collar Defense
    • Healthcare
    • Intellectual Property
    • International Services
    • Labor & Employment
    • Litigation
    • Private Wealth & Advisory
    • Project Finance
    • Public Finance
    • Real Estate
    • Regulatory & Government Relations

    Industries

    View All

    • Cannabis
    • Consumer
    • Energy
    • Entertainment
    • Financial Services
    • Healthcare
    • Higher Education
    • Infrastructure
    • Manufacturing
    • Non Profit
    • Real Estate
    • Technology

    Value-Added Services

    View All

    • Alternative Fee Arrangements

      Developing innovative pricing structures and alternative fee agreement models that deliver additional value for our clients.

    • Continuing Education

      Advancing professional knowledge and offering credits for attorneys, staff and other professionals.

    • Crisis Advisory

      Helping clients respond correctly when a crisis occurs.

    • DEI Strategic Services

      Providing our clients with legal, strategic, and practical advice to make transformational changes in their organizations.

    • eDiscovery

      Leveraging law and technology to deliver sound solutions.

    • Global Services

      Delivering seamless service through partnerships across the globe.

    • Innovation

      Leveraging leading-edge technology to guide change and create seamless, collaborative experiences for clients and attorneys.

    • IPED

      Industry-leading conferences focused on affordable housing, tax credits, and more.

    • Legal Project Management

      Providing actionable information to support strategic decision-making.

    • Legally Green

      Teaming with clients to advance sustainable projects, mitigate the effects of climate change, and protect our planet.

    • Nixon Peabody Trust Company

      Offering a range of investment management and fiduciary services.

    • NP Capital Connector

      Bringing together companies and investors for tomorrow’s new deals.

    • NP Second Opinion

      Offering fresh insights on cases that are delayed, over budget, or off-target from the desired resolution.

    • NP Trial

      Courtroom-ready lawyers who can resolve disputes early on clients’ terms or prevail at trial before a judge or jury.

    • Social Impact

      Creating positive impact in our communities through increasing equity, access, and opportunity.

    1. Home
    2. Insights
    3. Articles
    4. What happens to uncashed checks at deathArticles

    Article

    What happens to uncashed checks at death

    Sep 4, 2019

    Share

    By Mary-Benham Nygren

    While likely not the same magnitude as were found in Aretha Franklin’s name, there are often uncashed checks found in a decedent’s name after death. How long the checks have been outstanding and the payee(s) listed on the check make a difference on the collection procedure.
    CNN recently reported that Aretha Franklin died with nearly $1 million dollars of uncashed checks. While the majority of people do not have this magnitude of uncashed checks at death, there will likely be a few uncashed checks at hand.

    Uncashed checks issued prior to death in a decedent’s name alone which are still negotiable (typically 180 days) can be negotiated by the executor of the decedent’s estate.

    Uncashed checks issued prior to death in a decedent’s name alone that are no longer negotiable will need to be handled one of two ways. The executor of the decedent’s estate should contact the payor to request the issuance of a new replacement check and then negotiate the new check. If the payor has already deposited the uncashed check with the state’s Abandoned Property division (typically after three years), then the executor will need to follow the state’s procedure for collection of the abandoned funds.

    Uncashed checks issued in joint names, such as John and Jane Smith, can be negotiated by the survivor. If the decedent is the survivor of the payees named, then the decedent’s executor can negotiate the check.

    Refund checks issued after death in the decedent’s name alone for unearned premiums and service refunds can be negotiated by the executor of the decedent’s account.

    Whether a check issued prior to the decedent’s death, a refund check issued after the decedent’s death or check issued for the proceeds of abandoned property, the executor should keep in mind that these funds are includible in the decedent’s probate estate as well as the decedent’s gross estate for estate tax purposes.
    Trusts And EstatesEstate Tax & Administration

    Subscribe to stay informed of the latest legal news, alerts, and business trends.Subscribe

    • People
    • Capabilities
    • Insights
    • About
    • Locations
    • Events
    • Careers
    • Alumni
    • © 2023 Nixon Peabody. All rights reserved
    • Privacy Policy
    • Terms of Use
    • Statement of Client Rights
    • Supplier Diversity Program
    • Nixon Peabody International LLC
    • PAL