Outstanding check; member died.

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brown67
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Outstanding check; member died.

Postby brown67 » Sun Jan 29, 2017 5:08 pm

We had a sad situation in our Ward. We had a member take her own life soon after her husband died of a heart attack. I wrote her a check about 5 weeks ago that obviously won't clear. What should I do with this outstanding check?

eblood66
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Location: Cumming, GA, USA

Re: Outstanding check; member died.

Postby eblood66 » Sun Jan 29, 2017 5:30 pm

I suspect you should void the check but I'd check with Local Unit Support first to make sure there aren't legal issues that may affect the situation.

lajackson
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Re: Outstanding check; member died.

Postby lajackson » Sun Jan 29, 2017 5:46 pm

brown67 wrote:What should I do with this outstanding check?

It depends on why the check was written.

You will probably want to verify this with an attorney in your area, but if the check is for reimbursement to the member, the money probably now belongs to her estate to be handled according to a will, if there is one, or otherwise the laws of your particular state.

Most wards of any size have someone who practices law, or the bishop might ask for another attorney in the stake who should be able to answer the question. I, of course, am not an attorney.

eblood66
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Re: Outstanding check; member died.

Postby eblood66 » Sun Jan 29, 2017 6:00 pm

lajackson wrote:Most wards of any size have someone who practices law, or the bishop might ask for another attorney in the stake who should be able to answer the question. I, of course, am not an attorney.

I think it is probably better to get legal advice from CHQ either by contacting the Global Service Center and letting them refer to the correct department or by contacting the Office of General Counsel as described in Handbook 1 Section 17.1.26.

brown67
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Re: Outstanding check; member died.

Postby brown67 » Sun Jan 29, 2017 6:28 pm

The check was less than a dollar. We a multi ward relief society activity and my ward handled the funds. After the expenses were covered there was some money left in the other account. Had to 30+ checks to zero out the account. Ranging from a few cents to a few dollars. Stake is looking into it.

They have a son who is newly married and was living them when all this happened. Thinking about voiding the check and writing a new one to him. Thoughts?

lajackson
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Re: Outstanding check; member died.

Postby lajackson » Sun Jan 29, 2017 6:47 pm

brown67 wrote:They have a son who is newly married and was living them when all this happened. Thinking about voiding the check and writing a new one to him. Thoughts?

Follow the law.

If the son happens to be the executor of the estate, it may be easier to resolve, but he has to follow the law, as well. There are circumstances where he may be able to return the check. Then again, the law may not allow it.

The advice from eblood66 to contact the Church legal department is a good one.


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