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Uncashed inheritance check. Sibling has not cashed the cashier's check issued as part of the estate closing nor has she signed paperwork relating to the closing/will. Family member probably thinks she should have more money, but the check was no "small potatoes" amount all the same.I will speak with parent's elder law attorney later this week. Anyone out there have an heir do nothing with estate paperwork and money? Any idea on what the next steps may be?

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Hal1100
It's best to post your question on a new thread. You will get a better response. This one originated back in February.
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heirs of small estate in new york state of $103,000. is it taxable after the close of the property?
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My thanks to all of you for responding. I have a scheduled phone conversation with the elder law/estate attorney later the week.
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Also when you speak with your probate atty, clearly ask if they do litigation. Most probate guys do NOT do litigation & turn those cases over to an atty who does. The costs are going to increase dramatically so it's good that check was not cashed, you'll need it for legal costs.
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"probate was completed" so does this mean all the steps required for probate in your state have been submitted OR all steps submitted, filed and judge signed off & approved all and the case # is recorded as close in courthouse records?

About the check how do you or the executor know that they received it? If it wasn't sent certified mail with the return registered receipt, the executor may need to do a stop payment on the check, then notify the recipient that this has or will happend via certified with RRR and reissue the check with a specific "void by" on the check to them. Speak clearly with probate atty as to how to write the payee on the new check so that if it goes to "unclaimed funds" that the executor can themselves claim the $ years from now when the state does its unclaimed funds redemption program.

To get unclaimed (also called escheated funds) $, you have to be able to show heirship to claim ownership. So that's why it's important that the check be written to sibling but also in some way needs to indicated "heirs of" on the check so you or the executor can redeem the $ later on. Comprende? Btw my state (Louisiana) did an unclaimed redemption at Lakeside Mall in Metarie last year as this Sec of Treasury is actively getting unclaimed back to the public. State did commercials on it & what to bring to get funds released. Thousands showed up. Very successful.
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Deadline to challenge probate varies from state to state. Your attorney will also know how long the check is good for. Most banks will not accept a check more than a year old. I would let it go to "unclaimed funds" in your state.
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If the check is for the sibling and they choose not to cash it, there's nothing you can do, nor should you try. I can see where you'd think "if so and so doesn't WANT this money, it could go to better uses, but if it's left to her, it's hers to do with as she sees fit. I personally know next to nothing about probate--since all my elderly relatives died with wills/trusts and nothing was challenged.
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Just a thought...perhaps this sibling who has not been in contact for 20 years simply ripped up the check and is purposely not answering your contacts? This sibling may have written off parent ages ago and maybe is simply not interested in any communication...even though it would help your situation. I believe the probate court can summon them in this instance ... and they have the right to forfeit their portion of the inheritance if it is their want. This is just one of the many possibilities...they may not be getting ready to challenge.

Angel
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Probate was completed approx 9 to 10 months ago.
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Sibling had not seen parent in almost 20 years. All other heirs have cashed and/or signed off on settlement. Will was adjusted 10 years ago and then again 3 years later to leave sibling a lesser amount as the relationship declined. Parent put reasons for changes in writing - have on record. Sibling was not left out of will and there was no undue influence. Any idea on how long someone has to challenge - from when to when?
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My guess is sibling is looking for a way to challenge you in probate court. Just be sure your ducks are all in a row, and that your have clear and convincing proof the Will was followed to the letter.
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