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How Does One Endorse A Check Distributed From An Estate?
Richard A. Whitney

Q. 

My brother is the executor of my mothers estate and my other siblings and I think he may be hiding some of her money for himself. We have just each received 1/7 of what he claims is left.

My question is: How do we endorse the checks so that we are clearly stating that we are protesting the amount. We would all like to cash the checks but don't want that action to be to tantamount to forfeiting any further monies that we are entitled to and trying to purse.

-- Anonymous

A. 

A distribution check can be endorsed "Accepted under protest" but that is not necessary unless the executor gives you a letter or other statement in writing saying that acceptance of the check is deemed to be a release. In the ordinary case, the acceptance of a check distributing part of an estate does not result in a waiver of the right of the beneficiary to see an accounting of what the executor has done. Once an accounting has been exhibited to the beneficiaries by the executor, they can make objections to the accounting (such as a claim that the executor failed to collect all the deceased person's assets). A final release is signed by the executor and all the beneficiaries based on the accounting prepared by the executor.



-- Richard A. Whitney

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