Decedent's credit card reward

[Mr._Graybeard]

My brother in law passed away about three years ago with barely a penny to his name. He was about $11,000 in the hole to a certain credit card company at the time of his passing. My DW was administrator of his estate.

Today we got a letter from the credit card company saying his cash reward had been miscalculated, and he was due a refund. Enclosed was a check for about $35.

The letter acknowledges that he is deceased. I have mixed feelings about cashing the check, in part because he left the company holding the bag on a large unpaid debt -- but I also have a nagging, uneasy feeling that cashing the check might open the administrator (DW) up to some kind of liability regarding the account.

I can't imagine how they could come after us, but I may just tear the check up anyway. Any lawyers, armchair or otherwise, want to weigh in on this?

[ocean view]

If the check goes uncashed eventually the CC company will have to turn it over to the state as unclaimed property, after spending time trying to locate the payee (or his estate in this case). It does not go back into their coffers. So if trying to make right with the CC company is your motivation for tearing it up, you are actually making more work for them.

[Lakewood90712]

If it was me , I'd write void on it, make a copy for the file, shred the original and not think about it again.

P.S. I am not an Atty, but have watched " My Cousin Vinny" several times.

[meierlde]

Quote:

Originally Posted by Lakewood90712 If it was me , I'd write void on it, make a copy for the file, shred the original and not think about it again. P.S. I am not an Atty, but have watched " My Cousin Vinny" several times.

Then every so often check the states unclaimed property web site and follow the proceedure to get the money back then. (It is a bit more complex for a deceased holder)

[Senator]

Write "For Deposit Only" on the back. Deposit it at an ATM. Do not look back.

[RE2Boys]

In my state, (PA), generally, the courts do not pay any attention to the administration of probate unless someone complains or questions the settlement. Unless the inheritance tax wasn't paid, then they'd be all over the estate administrator. I've settled several estates and never saw a courtroom or a judge

Cash the check, disburse to the beneficiaries per the will & they will likely appreciate the windfall.

[Mr._Graybeard]

Quote:

Originally Posted by RE2Boys In my state, (PA), generally, the courts do not pay any attention to the administration of probate unless someone complains or questions the settlement. Unless the inheritance tax wasn't paid, then they'd be all over the estate administrator. I've settled several estates and never saw a courtroom or a judge Cash the check, disburse to the beneficiaries per the will & they will likely appreciate the windfall.

Sounds like a plan. The heirs each get $17.50 and we call it a day.

It was just very weird to get this check out of nowhere, years after the estate was closed. I guess the CC company has to keep its books straight, so we'll lend them a hand.

[harley]

Quote:

Originally Posted by Lakewood90712 P.S. I am not an Atty, but have watched " My Cousin Vinny" several times.

Me too, but what does Mona Lisa Vito have to do with this?

[meierlde]

Quote:

Originally Posted by Mr._Graybeard Sounds like a plan. The heirs each get $17.50 and we call it a day. It was just very weird to get this check out of nowhere, years after the estate was closed. I guess the CC company has to keep its books straight, so we'll lend them a hand.

I got a check for a refund due to a settlement of a suit on homeowners insurance for my mothers estate 11 years later as it took that long for the mill to grind it out. I had long since closed the estate, but cashed the check and wrote a check to my sister for 1/2 the amount of the estates check. So it is possible for things to show up years later due to various forms of settlements as essentially refunds.

[Mr._Graybeard]

Quote:

Originally Posted by meierlde I got a check for a refund due to a settlement of a suit on homeowners insurance for my mothers estate 11 years later as it took that long for the mill to grind it out. I had long since closed the estate, but cashed the check and wrote a check to my sister for 1/2 the amount of the estates check. So it is possible for things to show up years later due to various forms of settlements as essentially refunds.

Thanks for weighing in. I feel better.

[athena53]

IMO, the credit card company had a chance to offset that credit against what your BIL owed them and didn't- either they were prohibited or chose not to. I'd be inclined to donate it to a charity.

[joejetski]

Thinking 35 bucks isnt worth that much hassle.