If a benificiary cashes a check marked final payment from the personnal representative in a probate matter, will the remaining disputed funds be owed?
Asked on 12/08/09, 8:46 am
4 Answers from Attorneys
Marc J. Soss
Marc J. Soss, Esquire
Typically the answer would be yes. However, other factors may impact that opinion (limited information provided). My first question is whether you crossed it out, when you cashed the check, and let the PR know you were not accepting the check as final payment?
Answered on 12/13/09, 7:40 am
Alan Wagner
Wagner, McLaughlin & Whittemore P.A.
Usually not, if the check was a negotiated final payment or accepted as such, but there are a lot of facts that might alter this.
Answered on 12/13/09, 9:01 am
David Slater
David P. Slater, Esq.
Probably not, but more information would be needed.
Answered on 12/13/09, 1:37 pm
