My dad passed away and they sent a check out to him befor they found out passed can i get in trouble?

Asked over 1 year ago - San Diego, CA

I cashed my fathers check after he passed to help my mom I've never been in truoble with the law we both have the same name but he's senior he got the check a lil after his death can I get in trouble?

Attorney answers (5)

  1. Christine James

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . The chances of you getting in any trouble are slim. If the maker of the check wants the money back however, you will have to return it. For instance, a social security or military benefits check paid after death (if paid for the following month which is typical) will need to be paid back to social security or the military and they will pursue collection of it.

  2. Charles Adam Shultz

    Contributor Level 19

    4

    Lawyers agree

    Answered . What was the check for? That is necessary to know if its a no harm no foul situation

    The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or... more
  3. Gregory Paul Benton

    Contributor Level 20

    3

    Lawyers agree

    Answered . Yes you can get into trouble. You need to pay back the money that you took.

  4. Celia R Reed

    Contributor Level 20

    4

    Lawyers agree

    Answered . Technically you could but I think the odds are in your favor. Still it's not something you should do again.

    Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-... more
  5. James P. Frederick

    Contributor Level 20

    4

    Lawyers agree

    Answered . I agree with Attorney Reed. It would appear that you have no legal defense, if anyone decides to challenge this. It is not clear from your summary whether there is anyone who might do so. If you are taken to task on this, you will need to hire an attorney to assist you.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more

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