Is It Legal to Cash a Large Check Written the Day of Death

[Anonymity1]

My question involves estate proceedings in the state of: Ohio

My friend's father died recently knowing that he had only a day or two left. He wrote his son a check for $60,000 on the day he died. Is it legal for his son to cash the check?

Thanks for any advice!

[jk]

it most likely would not be cashed for a variety of reasons. When a person dies, their accounts are supposed to be frozen immediately upon notice to the bank. Beyond that, the validity of the check would likely be questioned. Obviously if written after his death (not accusing, just explaining) it would not be valid. If the writer was mentally incapacitated, the check would not be valid either.

Most likely it would have to be presented to any probate action by the payee as a debt against the estate.

[Anonymity1]

Thank you for your advice, JK. I hate to be the one to ruin the one silver lining my friend has found, but you are confirming my suspicions that cashing the check could lead to problems. I think I will advise him to wait and ask the estate lawyer once he hires one.

Thanks, again!

[Mr. Knowitall]

Technical problems aside, odds are the other heirs are going to question the legitimacy of the check or the circumstances under which it was issued. If your friend didn't anticipate that, I don't think you would be asking this question for him....

[Anonymity1]

Well, in order to be concise, I didn't go into detail, but my friend has only one sibling who was also there at the time of the check writing and also received an equal check. I know he had a will, and I'm under the impression that he left everything to his two children. I don't know why he wrote these checks, but he wasn't suffering from dementia. He was on morphine, though. I'm not sure my friend is anticipating anything right now - he is trying to figure out how to handle all the funeral arrangements and that sort of thing and asked me to figure out what else he is supposed to do. In looking at probate courts and executors and all that, it occurred to me that he could get in trouble if he cashes that check.

I'm glad to get reassurance that caution is the correct approach. Thank you for your help!

[jk]

He was on morphine, though.

whoops. That pretty much assures the check not being valid.


IF there is enough in the estate to pay other debts and those are paid first, it is likely it won;'t make a lot of difference

One other important issue they need to look at is how the money would be taxed if received in a check (father will likely owe gift taxes) or received via the probate process.

it occurred to me that he could get in trouble if he cashes that check.

it's not that he would "get into trouble" for cashing it or even attempting to. It's that it could cause some serious complications in the probate process.

I think I will advise him to wait and ask the estate lawyer once he hires one.

excellent advice

[jsmith281]

It is not unusual for the dying to distribute some of his assets knowing he will soon die to help with funeral and medical expenese,as getting death certificate issued,probate etc would take time.
Some may start passing out hard assets such as paintings,gold and expensive watches and clocks etc

[jk]

It is not unusual for the dying to distribute some of his assets knowing he will soon die to help with funeral and medical expenese,as getting death certificate issued,probate etc would take time.
Some may start passing out hard assets such as paintings,gold and expensive watches and clocks etc

$120,000 for a funeral? WOW!!!!!!!!!!!


You also realize that once gifted, there is no obligation to use it to pay for funeral expenses, medical expenses, or anything else concerning the estate. The costs you mention are paid by the estate and in most states, are the top of the list as far as creditors go.

Beyond that, the fact he was on morphine makes the transfer almost assuredly objectionable.

[jsmith281]

Like Richard Daley senior ,the mayor of Chicago once said,If anyone does not like to see me helping my kid,they can KISS MY ASS!

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$120k may be a lot of money to some of us,it may not be to others.
How do you know the kids are not going to use it to pay funeral or whatever expenses necessary.
Other expenses I have seen -caregivers who will soon lose their jobs could use some money to tie them over for food and shelter ,as they are foreign workers on work visa.
It could be travelling expenses for adult children-plane ticket,loss of income while away,room and board while visiting the dying.
Promises made and not yet delivered.I know a case where the dying is helping with relatives to attend college and the annual tuition and living expenses come to $34k ,so he asked his kid to make payment.
Is $120k a lot of money compared to the size of the estate?

[Anonymity1]

Thank you, everyone, for your advice and thoughts about this situation. It does seem like a good idea to run this by a lawyer and I've suggested to my friend that he do so.

I'm grateful for the help I've received here. Thank you!