Legal Question in Wills and Trusts in Washington
verbal contract/check from someone who died
A friend on hospice care asked me to sell her extensive book collection ... she said that since most of them were published in Hungarian and would be difficult to sell, she wanted me to get $2,000 up front for my efforts/time, the balance to go to charity. She gave me a $2,000 check. A witness to the conversation saw her write the check, which I deposited 2 days later. My friend died 4 days later. Now her executor says that there wasn�t enough money in her checking account. The executor spoke to a lawyer, who said that her verbal contract with me is void, as her will says the books go to the local library (which has already said they can�t use the books). My question is in several parts: 1) when a person is alive, isn't it their right to dispose of their belongings in any way they wish? How does a will supersede this when the person was alive when they gave something away? 2) Was this verbal agreement with a check a contract? And 3) the check for $2,000, which I deposited -- do I have any recourse in getting it paid by her estate from the proceeds they will get from her considerable non-liquid assets?
1 Answer from Attorneys
Re: verbal contract/check from someone who died
Are you sure that you are not a law school property professor testing a final exam question?
Here's my take, without speaking with the attorney or the executor:
An inter vivos gift is not subject to a will. The will has no effect until the testator dies. If your friend wrote you a check BEFORE she died, and you negotiated it, then the transaction is complete and you are done.
If the check was not negotiated by the bank, you would have a creditor's claim against her estate for $2,000.00.
Now I will try to answer your sub questions:
1. Yes, see above.
2. The check was her payment to you for the service you agreed to perform. There was a meeting of the minds, and consideration, so yes, there is a contract.
3. The will speaks after the maker is dead. There is no conflict between her inter vivos gift and her subsequent will, because she could do as she pleased with her assets while alive, the will is to identify and distribute her property once she can no longer do it herself.
You don't relate whether the check cleared the bank or not. If it did not it should be returned to you. Hang onto it, and use it as proof of a creditor's claim.
Estates are often not liquid. If you properly make a claim, the PR has a duty to either deny your claim or to allow it. If the PR denies your claim you bring a petition, likely under TEDRA.
The red herring is the attorney saying the gift is void and that you cannot collect the funds from the check, for whatever reason.
Either the estate is solvent or not. If she has assets that exceed her debts it is solvent.
Hope this helps - that was one heck of a question!
Elizabeth Powell
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
