Legal Question in Wills and Trusts in California
We gave my sister a final check when doling out the proceeds in my mother's trust. She held onto the check for 2 1/2 years before cashing it, and by the time she cashed it, the account it was drawn on had been closed. It was over 4 years after she attempted to cash the check (not realizing the account had been closed) and now she is wanting her money -- this is the first we've heard back from her in over 4 years. What is the best way to handle this, and is there a statute of limitations on her recourse?
3 Answers from Attorneys
Why did you close the account if the check hadn't cleared? What did you do with the funds that should have gone to your sister?
Whoever has the money should send her a check. There's no rule that says the trustee gets to pocket the money or gets to distribute it to the other beneficiaries.
I agree. Give her the money. Where did it go? Presumably someone has it.
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