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[Gimmered]

Got a legal question for you.

Back story, for Mom's last several years, she was on Medicaid assistance. Some at home and then in Skilled care. I helped take care of all of her bills even before she went into skilled care. At one point I had a POA for her life long bank where her account has. My name was also on her account. I took care of all of her affairs, paid her Nursing home bills, filed all of her Medicaid statements and made sure she had funds for her haircare, cloths and so forth.

She passed away 2 years last December. With all the stimulus funds she was getting from the Feds, she was acquiring too much cash in her account so I was able to purchase a $4,000 burial trust for her final expenses. She also was put on skilled care so Medicare saved us some on her Nursing home bill. When all was said and done, after I paid all of her expenses, Mom died about $1,500 in the negative. 2 of my siblings and I split that and paid ~$500 each. I filed the final report with the State of Nebraska and her case was closed with DHHS. Her bank charges were ridiculous on her checking account and in about 2 months ate the $50 or so I left in the account so I closed it. I never bank there.

Through all of that, I was never made the executor of her estate formally, or even had POA with the State. They didn't care as long as I filled out the forms.

Today, out of the blue, I got a letter addressed to mom from CVS. It seems that in 2016 they had miscalculated her co-pay. It came with a refund check in Mom's name for a bit over $1,800. A couple quick things come to my mind, the first being that without her old account, I could never deposit this check. Another is, the refund may actually belong to the State of Nebraska. I'd burn it before I gave a dime to Pillan. If it did belong to Mom's estate, I'd likely need to get it reissued to the estate of Mom, but without formally being the executor, I still couldn't deposit it. If I could somehow get it deposited, the 2 sibling that helped pay mom's expenses and I could split the money, making us whole plus $100 each. But If I have to jump through a bunch of hoops, it rally isn't worth the brain damage to me for the $600.


For those who still find the OP's mom irresistible PM me, I'll give you the plot number.

 

[hawkbirch]

I wish I was that kind of lawyer so I could help you. Hope you get to keep the money. A little gift from your mom!!

 

[BrianNole777]

@Jimmy McGill is a world class attorney and may know.

 

[SansAgain]

Got a legal question for you.

Back story, for Mom's last several years, she was on Medicaid assistance. Some at home and then in Skilled care. I helped take care of all of her bills even before she went into skilled care. At one point I had a POA for her life long bank where her account has. My name was also on her account. I took care of all of her affairs, paid her Nursing home bills, filed all of her Medicaid statements and made sure she had funds for her haircare, cloths and so forth.

She passed away 2 years last December. With all the stimulus funds she was getting from the Feds, she was acquiring too much cash in her account so I was able to purchase a $4,000 burial trust for her final expenses. She also was put on skilled care so Medicare saved us some on her Nursing home bill. When all was said and done, after I paid all of her expenses, Mom died about $1,500 in the negative. 2 of my siblings and I split that and paid ~$500 each. I filed the final report with the State of Nebraska and her case was closed with DHHS. Her bank charges were ridiculous on her checking account and in about 2 months ate the $50 or so I left in the account so I closed it. I never bank there.

Through all of that, I was never made the executor of her estate formally, or even had POA with the State. They didn't care as long as I filled out the forms.

Today, out of the blue, I got a letter addressed to mom from CVS. It seems that in 2016 they had miscalculated her co-pay. It came with a refund check in Mom's name for a bit over $1,800. A couple quick things come to my mind, the first being that without her old account, I could never deposit this check. Another is, the refund may actually belong to the State of Nebraska. I'd burn it before I gave a dime to Pillan. If it did belong to Mom's estate, I'd likely need to get it reissued to the estate of Mom, but without formally being the executor, I still couldn't deposit it. If I could somehow get it deposited, the 2 sibling that helped pay mom's expenses and I could split the money, making us whole plus $100 each. But If I have to jump through a bunch of hoops, it rally isn't worth the brain damage to me for the $600.


For those who still find the OP's mom irresistible PM me, I'll give you the plot number.

I’d recommend going to the comments section of any Yahoo story about Fani Willis and just drop this question there. There are some heavy hitting lawyers going at it there and they love to flex their mental muscles. I’m serious.

 

[billanole]

I was the executor for my parent’s estate, but since I lived 450 miles away, I literally never handled bills or expenses. That thankless duty was carried out by a brother who lived close by and had POA. Closing their estate was relatively quick and easy, with only one meeting with an attorney where all siblings signed a document allowing the POA to continue as lead.

I am curious if the bank would cash the check for y’all, based on the longtime account, at least part of the time during which you did manage her affairs. Good luck to y’all and RIP in peace, Gimmered’s mom.

 

[OutbackBowl2017]

Do a sign over to youself with a mobile deposit and see what happens. I don’t think the bank, state, or IRS are gonna care about $1,800. Or go the legal route to get it processed into your account. I’d just deposit it and see what happens.

 

[Gimmered]

I was the executor for my parent’s estate, but since I lived 450 miles away, I literally never handled bills or expenses. That thankless duty was carried out by a brother who lived close by and had POA. Closing their estate was relatively quick and easy, with only one meeting with an attorney where all siblings signed a document allowing the POA to continue as lead.

I am curious if the bank would cash the check for y’all, based on the longtime account, at least part of the time during which you did manage her affairs. Good luck to y’all and RIP in peace, Gimmered’s mom.

The bank let me get away with a couple of things with the memorial funds, but it's not likely I could deposit it. I've always stayed above board on this, I'll try to find the legal solution. We're not out anything anyway, Medicaid likely paid the expense.

 

[jamesvanderwulf]

Donate it to Hospice...

 

[Gimmered]

Donate it to Hospice...

Right now it's just a piece of paper.

 

[Scruddy]

I support the idea of burning it rather then giving it to the government, though don't know if there could be legal ramifications for willfully doing that.

 

[Gimmered]

I support the idea of burning it rather then giving it to the government, though don't know if there could be legal ramifications for willfully doing that.

Right now it's just a piece of paper.

 

[StormHawk42]

Do you have a good relationship with your banker at your current bank? If so, I’d go to them first and explain the situation and see if they’ll let you deposit it in your name.

Next option would be a phone call to CVS corporate. They’ll give you a run around about needing to reissue it in the name of the estate. You’ll need to push back and say no estate will be opened and let them decide what to do with it.

It’s unlikely they would reissue the check to you directly since you weren’t the customer. If neither of those things work out, I’d tear it up and just let it go. Not worth the headache.

 

[IANDFAN]

I was the executor for my parent’s estate, but since I lived 450 miles away, I literally never handled bills or expenses. That thankless duty was carried out by a brother who lived close by and had POA. Closing their estate was relatively quick and easy, with only one meeting with an attorney where all siblings signed a document allowing the POA to continue as lead.

I am curious if the bank would cash the check for y’all, based on the longtime account, at least part of the time during which you did manage her affairs. Good luck to y’all and RIP in peace, Gimmered’s mom.

POA is negated upon death.

 

[ICWestfan]

Do you have a good relationship with your banker at your current bank? If so, I’d go to them first and explain the situation and see if they’ll let you deposit it in your name.

Next option would be a phone call to CVS corporate. They’ll give you a run around about needing to reissue it in the name of the estate. You’ll need to push back and say no estate will be opened and let them decide what to do with it.

It’s unlikely they would reissue the check to you directly since you weren’t the customer. If neither of those things work out, I’d tear it up and just let it go. Not worth the headache.

Couldn't he just stick the check in an envelope and return it to CVS where it was issued letting them know that the person was deceased 2 years ago?

 

[jdv77]

You can probably find a form of a small estate affidavit online. Fill it out, sign and notarize it. Send the check back to CVS along with the small estate affidavit and a cover letter asking them to reissue the check in the name of the successor identified on the small estate affidavit.

 

[NoleinATL]

I believe most states have a process to file to be named executor after someone dies. I know in Florida you can file the petition in the county probate court then the court will approve on deny you as executor. ( Hassle may not be worth the 1800, but it is just filing some paperwork and notifying people in Florida) .

 

[Hawk_4shur]

I was in a similar position with both my Dad and my MIL. I handled all their financial affairs for the last few years of their lives.

When my MIL moved into assisted living we canceled her Direct TV. The bill for that month had already been paid, so she was owed a refund of about $90. Well, I chased that refund for almost 11 months and finally got it.

$1,800 is a nice chunk of money and it belongs to your family. It really shouldn't be that hard to get it deposited somewhere - maybe just a hassle.

I say roll up your sleeves and go get it.

 

[markfromj]

1). Re: “Too much from feds”: $34 Trillion
2). Re: “To Pillan”: No, to your fellow taxpayers.

 

[Gimmered]

1). Re: “Too much from feds”: $34 Trillion
2). Re: “To Pillan”: No, to your fellow taxpayers.

Pillan is stripping $15,000,000 from Mental health care here, my fellow tax payers and I will be fine.

 

[AreWeCross]

This money belongs to the state. Reach out to them. They will guide you on the next steps. Do not donate it or spend it. It is not your money.

 

[Gimmered]

This money belongs to the state. Reach out to them. They will guide you on the next steps. Do not donate it or spend it. It is not your money.

This will not happen. It is nearly impossible to get through to the DHHS without a case number. There is no case number. I won't waste much time on this even if it is our money. My S-I-L works for an attorney in Nebraska and he has advised us through the process when we have had questions. She'll have an idea tomorrow.

 

[Gimmered]

You can probably find a form of a small estate affidavit online. Fill it out, sign and notarize it. Send the check back to CVS along with the small estate affidavit and a cover letter asking them to reissue the check in the name of the successor identified on the small estate affidavit.

And this is for the win! S-I-L is typing one up and mailing it to me. Her boss said that the bank should let me deposit the check at that point.

 

[Jimmy McGill]

And this is for the win! S-I-L is typing one up and mailing it to me. Her boss said that the bank should let me deposit the check at that point.

Somehow I missed this. Small estate affidavit makes it so simple.

 

[Gimmered]

Somehow I missed this. Small estate affidavit makes it so simple.

It looks like this is the exact type of situation that it is made for. The only thing I see that may not be totally above board is it will likely be in my name only, it should have my siblings name on it too. I'll just send them each a check anyway.

 

[Jimmy McGill]

It looks like this is the exact type of situation that it is made for. The only thing I see that may not be totally above board is it will likely be in my name only, it should have my siblings name on it too. I'll just send them each a check anyway.

You should be okay. Banks and everyone else want problems to go away. DM me if you have any problems.