My father repaired bakery equipment for this establishment a few days before he passed away. The customer gave him three different checks to be deposited one week apart from each other. The first check cleared, but the customer placed a stop payment on the last two, after he found out that my father had passed away. He claims the job was not completed, but my father never got a check before completion of the job. It's not a big amount, and my mom really needs the money (after 39 years of marriage and never worked her whole life). What should I do? The amount owned is within the requirements for small claims. Also, I just have an invoice of the work performed, and the cancelled checks.
2 Answers from Attorneys
I'm sorry to hear about your loss, and about your mother's predicament.
The claim you describe belongs to your father's estate, not to you. If there is an executor, then you should tell him or her about it. Otherwise, please re-post your question under probate law. Lawyers with the relevant expertise are more likely to see it there.
My condolences on your loss.
Mr. Hoffman's advice is correct. If you have not opened an estate you should do so. The Personal Representative (Executor/Adminstrator) will then make a demand for the payment.