• Check from deceased’s client

Client had significant other on bank account as a signer only. Clint had her write and sign my work check and another workers check. My client died two days later. I took the check to the bank and they told me they could not get a hold of my clients son and to come back next week. So I did. I went back to bank and showed the manager the check and I asked her why they were not cashing my check for me. She said me go. Make a phone call. She came back 30 mins later and said could not cash it. So I asked her to return my work check to me. She said no. She would not tell why. What do I do? I live in Missouri.
Asked 6 days ago in Civil Law

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9 Answers

It is not understood that for what reason did the bank refuse to honor your salary cheque and in the absence of any valid reason nothing prevented you from approaching the bank manager to intervene and clarify the issue to make payment. 

You first make a complaint against the bank staff with the manager for this irresponsible attitude and seek action against the staff and also for honoring your cheque. 

If the manager also is not responding properly you issue a legal notice through your lawyer and seek explanation and relief. 

T Kalaiselvan
Advocate, Vellore
87113 Answers
2338 Consultations

You better consult a local advocate and discuss with him about next course of legal action in this regard immediately. 

T Kalaiselvan
Advocate, Vellore
87113 Answers
2338 Consultations

It does not make sense in taking legal proceedings for recovery of Rs 2500 

 

2) your litigation expenses will far more than amount of cheque 

 

3) legal heirs are responsible to clear debts  of deceased to extent of their inheritance

 

 

Ajay Sethi
Advocate, Mumbai
96916 Answers
7819 Consultations

 

Ask his son to clear your dues 

Ajay Sethi
Advocate, Mumbai
96916 Answers
7819 Consultations

These cases are very common in various Courts. My team has dealt with various cases of such nature. You can send a legal notice in this regard through a lawyer. A legal notice is a formal communication sent by one party to another, indicating a grievance and seeking remedy before taking legal action. Sending a legal notice is often the first step towards resolving disputes, especially in civil matters. It serves as a final warning and a precursor to litigation, giving the recipient an opportunity to rectify the issue, negotiate, or prepare for legal proceedings. Understanding the importance of a legal notice is crucial, as its implications are significant for both parties involved.

A legal notice acts as a tool for amicable settlement. It opens a channel for negotiation, avoiding the lengthy and expensive litigation process. Parties may resolve disputes through discussions or alternative dispute resolution mechanisms after receiving a notice.

You may contact my secretary to connect with me for clarification. Detailed discussion is required with complete documents. 

Shri Gopal Verma
Advocate, Delhi
393 Answers
12 Consultations

  1. Check Bank Policies: It’s likely that after your client’s death, the bank is unable to cash the check without authorization from the estate’s executor (in this case, the client’s son, who is the overseer of the trust). They may need to verify the proper chain of authority.

  2. Contact the Executor: Since the client’s son is the overseer of the trust, you should reach out to him directly to get approval to cash the check. The bank might require his signature or confirmation.

  3. Written Request to Bank: If the bank is still uncooperative, you can submit a formal, written request to the bank, explaining the situation and requesting the check to be cashed or returned to you.

  4. Seek Legal Advice: If the bank continues to refuse without clear explanation, consider contacting an attorney to assist you in resolving the issue or to explore your legal options.

You have a right to be paid for work you’ve already done, so taking these steps should help you move forward.

Shubham Goyal
Advocate, Delhi
142 Answers

If it’s signed already same can be honoured and cleared by you

Prashant Nayak
Advocate, Mumbai
32479 Answers
200 Consultations

Dear Client,

In the present scenario, the deceased client had a significant other on the bank account as a signer. Further, the significant other wrote and signed your work cheque, as well as another worker's cheque. While you attempted to encash the cheque after the client’s death, but the bank refused, stating they needed to contact the client’s son. On returning to the bank, the manager also further, refused to encash the cheque and retained it without explanation. Herein, the bank likely refused to cash your work cheque because the account holder has passed away and standard procedure in such cases is to freeze the account pending instructions from the executor of the estate or until probate determines control of the account. If the significant other who issued the cheque was only a signer and not a joint account holder with the required rights, the authority to issue cheques may have ended upon the account holder’s death, rendering the cheque invalid. However, it is suggested that, a formal request is made to the bank for an explanation from the bank for their refusal to cash the cheque and their retention of it. Additionally, you may contact the person who is responsible for settling the deceased’s financial obligations. If the bank continues to refuse cooperation, you may take a legal action for the same by filing a complaint to recover your money and investigate into the actions of the bank.

Hope you find this answer beneficial for resolving the dispute.

Anik Miu
Advocate, Bangalore
10159 Answers
119 Consultations

- Since, the said cheque was issued by your client , then the bank has no right to refuse to make payment even after the death of the account holder. 

- You can lodge a complaint before the RBI online against the manager of the bank 

- Further, as the said cheque was issued by the deceased for the services given by you , then after his death his family members are responsible for the payment of the amount of the cheque. 

- You can even send a legal notice to the legal heirs of the deceased for the recovery of the amount. 

Mohammed Shahzad
Advocate, Delhi
14495 Answers
221 Consultations

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