[WSBAPT] Estate Disbursement - USPS slow or lost check

[Joshua McKarcher]

You are not being unreasonable. Until it is LOST by USPS or just never updating, my view is this beneficiary can user his or her own funds to file something with the court if h/she wishes to. And what is a court going to say? "It's still in the system; welcome to adult life. Next case."

On these I go with what a (reasonable) court would (likely) say if I asked for instructions. I think you're so conscientious you are even thinking about doing something like a stop payment or wire. But I would NOT succumb to this person's harassment yet, no way.

Hang in there. Best, Josh

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jennifer L White
Sent: Wednesday, September 6, 2023 11:28 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Estate Disbursement - USPS slow or lost check

Good morning colleagues:
I would like your input regarding an estate distribution from my IOLTA. This was a difficult probate with many issues. I ended up with the estate proceeds in my IOLTA instead of an estate account, hence my making the final distributions and not the PR. I sent out the IOLTA checks certified mail RRR, 10 total. These went out all at the same time on August 25th and I personally brought them to the post office and watched the clerk process each one. All but one has gotten to the beneficiaries. The beneficiary of the one that hasn't arrived is furious and demanding. The beneficiary has confirmed that the address I mailed it to is correct.  The post office tracking # says the package is still on its way, but it's going to be arriving late. It was last scanned 9/4. I do not have confidence that if this person received two checks that they wouldn't try and negotiate both of them despite being advised of a stop-payment. And, the bank itself says that stop-payments are not fool proof. The remaining money in the account is not mine, but other clients, so I am hesitant to stop-payment right now and send another check or wire the money this soon. It hasn't yet been two weeks. I am inclined to tell the beneficiary that they are going to have to be patient as it is still showing as being in the system headed for delivery. I anticipate this response will not be well received. Am I being unreasonable?
Have any of you had this happen? Any words of wisdom?

Jennifer L. White, Esq.
[cid:image001.jpg at 01D9E0B8.8F3D3DE0]

jen at appletreelaw.com<mailto:jen at appletreelaw.com>
2200 S 76th Ave
Yakima, WA 98903
509.225.9813

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