Seattle, WA asked in Estate Planning for Missouri

Q: Can a lawyer make you send estate money back if he overwrote the check and it’s already cashed?

My fathers estate was split 6 was between my siblings and myself. He sent out 6 checks written over $3,000 more than was in the account. Everyone else cashed theirs and mine was denied for insufficient funds. He is now requesting my siblings to return $3,000 each. Can he legally make them do this? And how do I get my check now if he can’t? What law says they have to refund the funds? Who is at fault?

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1 Lawyer Answer
Todd Miller
Todd Miller
  • Estate Planning Lawyer
  • Jefferson City, MO
  • Licensed in Missouri

A: Yes. If the money was never yours to enjoy, the mistaken draft can be terminated and funds requested. For example, if a bank deposits one million in your account by mistake, the funds aren't actually yours.

Tim Akpinar agrees with this answer

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