Q: Can my Father keep a check written to him from my brother who passed away on 11/7/20. Check dated 11/6/20
My brother didn't have a will. He was still legally married, but his wife moved out of their home in 2015. My father moved in to physically care for him in 2016, due to declining health. I began helping him manage his small trucking business. He had me write the check and sign his name, as I had done numerous times for his business since 2017. She got "letter of administration" thru Coweta Co Probate court in February 2021 and is requesting money be returned
A: Who is “she” that you are referring to? The ex who left him in 2015? Your question is a little confusing. You may want to consult with attorney who can review the facts and provide you with guidance.
A:
Who is "she"? Are you referring to the estranged wife? Did the court appoint her as the personal representative? Were you not served with notice of her Petition to be Appointed as the personal representative? If so, why didn't you file a caveat to contest such appointment? Even if the parties were married but not together at the time of your brother's death, his spouse is still entitled to Year's Support.
You should contact an attorney to schedule a consultation to discuss your legal options as soon as possible. I wish you the best.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
