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Handling an Unclaimed Funds Check

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  • 08-18-2013, 02:40 PM
    AYM
    Handling an Unclaimed Funds Check
    My question involves estate proceedings in the state of: Arizona

    My question involves an unclaimed funds check from my brother who died in 2006, my father was appointed conservator at that time ( he was essentially a sperm donor and I never should have allowed this, thats besides the point and I suppose irrelevant now, lol). Anyway, he is in a LTC facility with dementia.I sent the state comptroller documents that they requested and they released the check to me($4,000). They initially told me they wanted me to go through another probate but I explained to them that all our family is now deceased, which is true.They released the check payable to me as conservator of my my father which I have not attempted to become, nor do I want to.Simply, can I cash this check without worrying about some sort of legal repercussions? Thank you kindly.
  • 08-18-2013, 02:46 PM
    Mr. Knowitall
    Re: Handling an Unclaimed Funds Check
    Exactly how is the check made out? To you in the capacity as conservator for your father?

    Are you in fact your father's court-appointed conservator? Are you asking about placing the money in an account you control for your father as his conservator?
  • 08-18-2013, 04:11 PM
    AYM
    Re: Handling an Unclaimed Funds Check
    The check is made out to me as my fathers conservator.I was never appointed conservator, their has never been a probate opened.I want to simply cash the check.Thanks.
  • 08-18-2013, 04:58 PM
    harrylime
    Re: Handling an Unclaimed Funds Check
    Quote:

    Quoting AYM
    View Post
    My question involves an unclaimed funds check from my brother who died in 2006, my father was appointed conservator at that time

    What was your father appointed conservator of?

    Quote:

    The check is made out to me as my fathers conservator.I was never appointed conservator...
    Apparently the state believes that your father is entitled to the funds. If you are not the conservator of your father's estate, then you can't cash it.
  • 08-19-2013, 12:02 PM
    AYM
    Re: Handling an Unclaimed Funds Check
    I never stated that I was his conservator.I did supply them documents showing that I was his executor for his social security disability payments, and that he was incapacitated.It would seem like alot of trouble to do a probate for $4,000 dollars, there are mo more assets.He "stole" $60,000 from the family and pissed it away prior to his current situation.Anyway, what are the real risks of cashhing the check IYO.I presume the state wrote the check out that way to cover their ass.Its an unusual situation I guess...Thanks.

    My father was given the probate funds when my brother died in 2006.So, technically he is still the conservator I guess.The unclaimed funds were under my brothers name.I was upfront with the state comptroller about the facts of the situation.The agency where I am planning on cashing the checks called the comptroller to verify the check and they have agreed to cash it...Thanks again.

    - - - Updated - - -

    I may just wait until my father passes, he is nearing the end of his life.I'm really not sure if I should risk cashing the check, or if there is any risk associated at all...Thanks again.
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