Sisters, OR asked in Estate Planning for Oregon

Q: Hello :-) My mom received a $30k cashiers check sent from her brother (executor of trust) from the sale of their

deceased parents home back in Sept 2019 while living in a care home. I wasn't aware of this check until recently. My mom just passed away a few weeks ago and I just found out that the check hasn't been cashed or found. Her brother, my uncle, said that his attorney said the check has to be cancelled and put back into the trust. My uncle thinks it will possibly go to him and the other two siblings but he needs to confirm with his attorney. The siblings have all received their share of the money and that money was my moms and I'm next of kin. Any advice is greatly appreciated!

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1 Lawyer Answer
Theressa Hollis
Theressa Hollis
  • Estate Planning Lawyer
  • Portland, OR
  • Licensed in Oregon

A: I recommend you have a probate attorney review this for you. Your attorney will need to see your grandparents' Trust. Very likely since your mother survived her parents but never cashed the distribution check her estate should now get the check (or a new one re-issued by the Trustee). Your mother's estate will determine who gets the $30,000 (either her Will or the intestate law for the state in which she resided at her death). It's likely that a probate (or Small Estate Affidavit) will need to be filed for your mother's estate.

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