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Inheritance claim, what do I do if he won't take it?
I am the executrix of my dads estate, which makes my oldest brother extremely mad and he will not talk to or see me. I have been trying to get him to come get his money, I have even told him I would bring it to him, but he will not do it. I have 6 months to give it to him. My question is, if he won't get it by then, what do I do with the money? We are in Georgia.
I would mail it to him, but he is the type that will cash it and swear up and down that I forged his name and cashed it myself, so I will only give it to him in person with a signature saying he received the money.
1 Answer
- Anonymous9 years agoFavorite Answer
Send him a check via certified mail, return receipt requested. Also send a copy of the letter by regular mail, and in the letter explain that you are making the attempt to deliver his inheritance. If it is returned or not accepted, or the check is not cashed in (90, 180?) days then a stop payment will be issued on the check and the funds distributed to the remaining heirs. You will want to check with GA law to determine how many of these attempts to deliver a check you must make before you can divide it up to the other heirs.
If he's going to cash it and then swear that his name was forged, then you will ask him for an affidavit to that effect so the check can be taken back to the estate's bank and put back through the system as a fradulent endorsement. They will ultimately get it back to the bank that cashed it or accepted it for deposit, and that bank will then file criminal charges against the person who cashed/deposited it. He will back off.