Advice On This Bad Luck!

Drewgasm · Dec 4, 2009

Ok...short story...I have a friend who repairs bad credit.....anyway, he was reparing mine...he owns a legit business and this is what he does...anyway, I had loaned him $6,000....I knew he was good for it....but he just died Monday....which is bad enough....heres my problem...he wrote me a check to pay me back...but the check isn't any good....he never put the money in his account (due to his death) I dont know his family....but Im sitting here with a $6000 check I really need to cash but cant...do I see a lawyer about this? Do I goto his family? Or am I just screwed? With everyone still in mourning I dont know the propper way to handle this....any advice would be great...

Thanks...

Gasm~

D2bets · Dec 4, 2009

Probably best to use some tact and not him them too early while they're mourning. Maybe wait at least 3-4 weeks after his death. Then either call his closest family member or maybe write a letter to his house expressing your condolences and pointing out that you have a check from him and want to know if it's alright to cash it or whether they want to issue you a new check.

In reality, it may then depend on what's in his estate. You should be a creditor, but it depends on what he owned, how he owned it and what other creditors he had.

D2bets · Dec 4, 2009

jgrif33 said:
how is he a creditor?

hopefully you have some back up documentation.

If he did indeed loan him 6K that the decedent owed him then of course he's a creditor. I would assume he has backup documentation if he loaned him the 6K.

queposkid · Dec 4, 2009

Death is final in my business..

ConansHammer · Dec 4, 2009

put the check into the account and let it bounce asap.

That is all you need todo and let nature take care of the rest.

Scoops · Dec 4, 2009

I know its a bad time for the family and I don't know what kind of money this is to you and them but I think the best idea is to nip in in the bud.

HacheMan · Dec 4, 2009

Some questions

Has the viewing and/or funeral taken place yet & do you plan to attend

Which member or members are in charge of or take over his assets now?

You need to find this out first if you don't already know.

Then, if the viewing & funeral have not taken place yet, you need to attend so you can make an effort meet the one or ones in charge of his assets & feel them out. If there is only one then of course you have to deal with that person, but if there are more than one you can try to talk to them and try to determine who may be the best to talk to about it later on.

Lastly, you do have the check with his handwriting, so that's definitely a positive........

kidman232 · Dec 4, 2009

i wouldnt wait to long, never know how the assets will be divided up and what the people will do with it

Drewgasm · Dec 4, 2009

ConansHammer said:
put the check into the account and let it bounce asap.

That is all you need todo and let nature take care of the rest.

I thought about that....but the money wouldnt ever get to my account...the check would bounce and I would lose the check I think....

Drewgasm · Dec 4, 2009

Hache Man said:
Some questions

Has the viewing and/or funeral taken place yet & do you plan to attend

Which member or members are in charge of or take over his assets now?

You need to find this out first if you don't already know.

Then, if the viewing & funeral have not taken place yet, you need to attend so you can make an effort meet the one or ones in charge of his assets & feel them out. If there is only one then of course you have to deal with that person, but if there are more than one you can try to talk to them and try to determine who may be the best to talk to about it later on.

Lastly, you do have the check with his handwriting, so that's definitely a positive........

The viewing was Wednesday and the funeral yesterday...I did attend...but I didnt say anything other than Im sorry to the family for their loss...like I said, I didn't know them personally....and yes, I still have the check....its the only proof I have that I loaned him money...I have nothing else...I just didnt plan on him dying...Im sure he didnt either...he had a heart attack Monday morning....just weird....and sad....

Gasm~

Drewgasm · Dec 4, 2009

jgrif33 said:
He said he knew he was "good for it". Sounds to me like there is no documentation and he is likely out of luck. THe poster also said the decedent never put the money in his account so there is no trail.

Everything you said is true....so if I AM SOL....if I cash it...will I get the money and his account would be over drawn $6000? Or would they just wait....and it would bounce?

Gasm~

GilRenard · Dec 4, 2009

You will have to go through probate. Find the executor of the estate- you should be able to do this at the county courthouse. Then make a claim on the estate. The check that he wrote you should suffice as a written documentation.

Drewgasm · Dec 4, 2009

Gil Renard said:
You will have to go through probate. Find the executor of the estate- you should be able to do this at the county courthouse. Then make a claim on the estate. The check that he wrote you should suffice as a written documentation.

Thanks Gil and everyone else for your help.....appreciate it....

Gasm~

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