[WSBAPT] Estate Disbursement - USPS slow or lost check

Rhonda Rudman rhondarudman at comcast.net
Thu Sep 7 16:00:58 PDT 2023


Print and email the tracking information to the beneficiary - every day.

Rhonda Lee Rudman
Attorney at Law
17791 Fjord Drive NE, Suite 134
Poulsbo, Washington  98370
Phone 360-779-6400

On 9/7/2023 3:56 PM, Chandra Lewnau wrote:
> 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 25^th 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 <mailto:jen at appletreelaw.com>/
>
>         2200 S 76^th Ave
>
>         Yakima, WA 98903
>
>         509.225.9813
>
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