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    4. What happens to uncashed checks at death

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    What happens to uncashed checks at death

    Sep 4, 2019

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    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.
    The foregoing has been prepared for the general information of clients and friends of the firm. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel. If you have any questions or require any further information regarding these or other related matters, please contact your regular Nixon Peabody LLP representative. This material may be considered advertising under certain rules of professional conduct.

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