Check cashed by someone else, and they want me to send another check!

[2MD]

What is the name of your state? MD

Hi. I had made a check to a person back in March, but the check was not cashed until September. Come to find out that the person that I made the check to, had passed away in July, so the check was actually cashed by someone after his death. His Estate has contacted me asking me to send another check and to trace down my original check. When I contacted my bank, they couldn't tell me who had cashed the check, just the name of the bank that it was cashed and also the fact the the back was signed as "for deposit only".

So, my question is, I have already paid the money and have no idea who cashed it but obviously not the recipient or his estate. Am i legally responsible to write another check? I don't feel it is my responsibility to track down the check and pay again with the possibility that I may not get my original money back.

Thanks for your input.

 

[Just Blue]

What is the name of your state? MD

Hi. I had made a check to a person back in March, but the check was not cashed until September. Come to find out that the person that I made the check to, had passed away in July, so the check was actually cashed by someone after his death. His Estate has contacted me asking me to send another check and to trace down my original check. When I contacted my bank, they couldn't tell me who had cashed the check, just the name of the bank that it was cashed and also the fact the the back was signed as "for deposit only".

So, my question is, I have already paid the money and have no idea who cashed it but obviously not the recipient or his estate. Am i legally responsible to write another check? I don't feel it is my responsibility to track down the check and pay again with the possibility that I may not get my original money back.

Thanks for your input.

You need to file a criminal complaint with the police.

 

[Zigner]

...and report the fraudulent transaction to your bank as well.

 

[quincy]

What is the name of your state? MD

Hi. I had made a check to a person back in March, but the check was not cashed until September. Come to find out that the person that I made the check to, had passed away in July, so the check was actually cashed by someone after his death. His Estate has contacted me asking me to send another check and to trace down my original check. When I contacted my bank, they couldn't tell me who had cashed the check, just the name of the bank that it was cashed and also the fact the the back was signed as "for deposit only".

So, my question is, I have already paid the money and have no idea who cashed it but obviously not the recipient or his estate. Am i legally responsible to write another check? I don't feel it is my responsibility to track down the check and pay again with the possibility that I may not get my original money back.

Thanks for your input.

The check was not endorsed?

It is always possible that the check was endorsed by the payee prior to the payee’s death.

But, whatever the case, if you wrote a check to the now-deceased person and this check was cashed (by anyone other than you), you are not responsible for issuing a new check.

 

[Zigner]

The check was not endorsed?

It is always possible that the check was endorsed by the payee prior to the payee’s death.

But, whatever the case, if you wrote a check to the now-deceased person and this check was cashed (by anyone other than you), you are not responsible for issuing a new check.

I don't know that I agree with you. The OP has no proof that he ever delivered the check to the person. Maybe it fell out of the envelope on the way to the post office and somebody found it on the ground and cashed it...
I believe that the OP needs to remain in contact with the estate during the process, but he will eventually have to pay the money.

EDIT: Of course, if the investigation shows that someone associated with the estate actually cashed the check, then my answer would change.

 

[quincy]

I don't know that I agree with you. The OP has no proof that he ever delivered the check to the person. Maybe it fell out of the envelope on the way to the post office and somebody found it on the ground and cashed it...
I believe that the OP needs to remain in contact with the estate during the process, but he will eventually have to pay the money.

EDIT: Of course, if the investigation shows that someone associated with the estate actually cashed the check, then my answer would change.

The bank has a record of the check - apparently made out to the person who is now deceased. This check was cashed. The money supposedly is no longer in 2MD’s checking account.

I don’t see why 2MD should pay twice.

 

[Just Blue]

I don't know that I agree with you. The OP has no proof that he ever delivered the check to the person. Maybe it fell out of the envelope on the way to the post office and somebody found it on the ground and cashed it...
I believe that the OP needs to remain in contact with the estate during the process, but he will eventually have to pay the money.

EDIT: Of course, if the investigation shows that someone associated with the estate actually cashed the check, then my answer would change.

I agree. I bet (FA bucks) that someone going through the deceased property/paperwork came across the check and cashed it...but unless OP helps by reporting it so the thief is found/named OP could remain on the hook.

 

[Just Blue]

The bank has a record of the check - apparently made out to the person who is now deceased. This check was cashed. The money supposedly is no longer in 2MD’s checking account.

I don’t see why 2MD should pay twice.

The check was stolen. 2MD needs to find out who stole the check and his money...because, apparently, the estate didn't get the $$.

 

[Zigner]

The bank has a record of the check - apparently made out to the person who is now deceased. This check was cashed. The money supposedly is no longer in 2MD’s checking account.

I don’t see why 2MD should pay twice.

Because, if the person (now deceased) never actually GOT the check, then he was never paid.
If the bank reverses the fraudulent transaction (as they may/should), then the OP is not paying twice.

 

[Zigner]

The check was stolen. 2MD needs to find out who stole the check and his money...because, apparently, the estate didn't get the $$.

Well, it all depends on the point at which the check was stolen. If the person received the check and tossed it in a drawer prior to his death, and then the person's greed daughter-in-law snatched the check during the wake and cashed it, then I would agree that the onus is on the estate. However, if the OP cannot show that the check ever made it to the guy, then the onus is on the OP.

 

[Just Blue]

Well, it all depends on the point at which the check was stolen. If the person received the check and tossed it in a drawer prior to his death, and then the person's greed daughter-in-law snatched the check during the wake and cashed it, then I would agree that the onus is on the estate. However, if the OP cannot show that the check ever made it to the guy, then the onus is on the OP.

post 7

 

[2MD]

The check was for just $70 .. I am really surprised that they are even after this .. I am surprised at my self for just not sending another $70 and call it a day specially since I am suffering from anxiety. I guess I just didn't like the way I was approached. They are blaming me for the issue and saying their "lawyer" is saying I should send another check. Who discusses a $70 check with a Lawyer? The person in charge if the estate had texted me an image of the envelop that I had send to the person, so I know it was delivered to his address. What happened to the check, who knows! They are also claiming that my enveloped had another check in it that had bounced, but when they sent me the image of this other check, it wasn't even mine. It was from some guy in NY I have never heard of. Seems to me the estate is lost and doesn't know what they are doing .. people just wasting my time and now my anxiety level is over the roof...

 

[quincy]

I do not see where it is 2MD’s responsibility to do anything, unless 2MD never paid the deceased person.

 

[Just Blue]

I do not see where it is 2MD’s responsibility to do anything, unless 2MD never paid the deceased person.

2MD doesn't have any PROOF that he sent a check to the deceased person...the empty envelope text isn't proof that a check was ever in the envelope.

A criminal complaint to the police and a report of fraudulent transaction to his bank will solve this fairly quick.

 

[Zigner]

I do not see where it is 2MD’s responsibility to do anything, unless 2MD never paid the deceased person.

I don't think we are saying different things then. I am saying that, without some way (beyond just saying it) to show that the check was mailed, then he should deal with it.

Having said that: Based upon the OP's further posting, it seems clear that the guy DID get the check. The OP now gets to decide whether to pay the small amount ($70) just to get rid of the anxiety, or just dig in his heels and ignore the request.