Legal Question in Criminal Law in New York

Stop payment on check

My grandmother instructed her son, who had POA to issue 5 gift checks, at 10,000 each to her 5 grandchildren. He, the son issued the checks, grandmother died the same day. After her death, 5 days later, her son stopped payment on 3 of the checks. The other 2 checks cleared, they were to his 2 children. This son inherits all the money.I asked for the 10,000 and was told he would not give it to me. I spoke with an attorney that told me that was illegal what he did( his name was not on the bank account to stop payment) and to report it to the police. Should I report it to the police or just get a lawyer to sue him, although that is very costly.


Asked on 10/30/04, 1:32 pm

2 Answers from Attorneys
Valerie Masters Valerie Masters, P.A.

Re: Stop payment on check

Sounds illegal to me. You can try to file a police report but don't be surprised if they tell you its a "civil" matter and won't help. If they do help great, but still contact a lawyer to pursue it civilly. Spending 3g might be worth collecting 7g, plus the satisfaction of righting a wrong. Valerie masters

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Answered on 10/31/04, 5:12 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Stop payment on check

The POA would have expired upon the death of your grandmother and, therefore,the son would appear to have acted without the proper legal authority in having the stop payment notices issued on the three checks if he was not a joint signatory to the account.(I am, however, not terrribly clear on the point as to whether he would've actually needed a valid POA in effect to request the stop payment notices.) I would doubt, nevertheless, that the son's actions add up to prosecutable crime.

If your grandmother had a will in which the five

$10,000 gifts are specifically referenced as individual bequests to the five grandchildren, then your remedy would lie with the eventual probate of the estate. However if your grandmother

died intestate (without a will) or with a will that makes no reference to the $10,000 gifts to the five grandchildren, proving your civil claim against the son that you were somehow defrauded

or unjustly deprived of what should've been yours

through the son's actions may prove to be quite difficult.

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Answered on 10/30/04, 3:19 pm


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