[WSBAPT] Estate Disbursement - USPS slow or lost check

[Chandra Lewnau]

I agree you should just tell the beneficiary to be patient.

I have taken to sending anything important by priority mail. My lower
stress is worth the extra expense to have things delivered promptly with
tracking.

On Wed, Sep 6, 2023 at 12:21 PM Sarah Cuellar <attorney at sarahcuellar.com>
wrote:

> I have had two certified letters lost by USPS in 10 years. In the most
> recent case, which was this summer, it took USPS over 30 days to
> acknowledge it was lost. It never showed up at the destination nor was it
> returned to me.
>
> I think telling the BN to wait longer isn't unreasonable. It's not your
> fault and you did take the extra step of sending the letter certified. From
> the facts you described, I would just sympathize with the BN's bad luck and
> tell them that when USPS acknowledges that it's lost you'll send another
> check using a different carrier. They can take it up with USPS if they want
> someone to blame.
>
> On Wed, Sep 6, 2023 at 11:44 AM Jennifer L White <jen at appletreelaw.com>
> wrote:
>
>> 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.
>>
>>
>>
>> *jen at appletreelaw.com <jen at appletreelaw.com>*
>>
>> 2200 S 76th Ave
>>
>> Yakima, WA 98903
>>
>> 509.225.9813
>>
>>
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