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Question:

I was given a check by a friend that was near death. He asked me to cash it upon his death. I did so as requested. There is an estate attorney who said that I must return the funds to the estate as I cashed the check after his death. Is that true?

Response:

This is an interesting and unusual question. I searched the Internet and was unable to find an answer. Almost all posts involve checks written to someone who has died rather than by that person. And, in any case, the answer will depend on state law.

However, my thinking is that the check is in the form of a contract and you had a right to cash it. That did not change when your friend died. I’d ask the estate attorney to tell you what law or case in your state they are relying on. Depending on what they are able to produce, you may or may not be obligated to return the funds.

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