Legal Question in Wills and Trusts in Utah

Estate Deposits

A couple of months ago after my Mother passed away I deposited 3 checks that were refunded to her into my bank account(I had POA) not realizing they should have gone into her estate account. I gave the bank a copy of the POA at the time I deposited them not knowing the POA ended at death. The bank evidently did not know that either because they cashed the checks. I was not sure how to endorse the back of the checks and I just signed my name as usual while the bank made a copy of the POA. I don't want to get in trouble over this and wondered if I need to notify the bank of this mistake. I don't know how to get the checks back so that I can deposit them into the estate account if this is what I need to do. Please advise as there are 2 other family members.


Asked on 2/09/03, 9:23 pm

1 Answer from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Estate Deposits

You cannot recover the checks, since they will be returned to the issuer. However, if you can get copies of the deposit checks from the bank for your records. Then issue a check from your account for the amount of the checks you deposited and pay to the estate account.

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Answered on 2/10/03, 11:18 am


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