Estate dispute over $100,000 cheque

Estate disputes can take a variety of forms, as demonstrated by a US case that has been in the news recently.

A man from Maine, who was named as a beneficiary in his friend's Will, is suing the personal representative of his friend's estate over a $100,000 cheque, reports the Portland Press Herald.

Daniel Toto Jr was the only person to be a named beneficiary in the Will of John M. Nickerson, who died in May last year at the age of 75. The bulk of the estate, according to the Press Herald, was left to various scholarship funds and foundations at the University of Maine, while Toto was given a bequest of two gold watches and a car.

The dispute arises over Toto's claim that in addition to these bequests, Nickerson gave him a cheque for $100,000 shortly before he died. He has been unable to cash the cheque, however, because the personal representative of Nickerson's estate – a Jeffrey N. Mills – has apparently disputed the authenticity of the signature on the cheque.

Mills has been named in Toto's lawsuit, as well as the bank where Toto tried unsuccessfully to cash the cheque, says the Portland Press Herald.

The case is a good example of the issues that can arise in the administration of any estate, and the difficult decisions that executors may have to take.

Where possible we try to resolve estate disputes like this through a settlement agreement or mediation. This prevents the matter going to Court and therefore reduces legal costs, brings earlier resolution and preserves family relationships. In some instances, however, contesting a Will in Court cannot be avoided.

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If you are thinking of contesting, making or updating a Will then it is important to seek expert legal advice as quickly as possible. Contact Szabo & Associates Solicitors today and speak with one of our specialist solicitors. Call us on (02) 9281-5088 or fill in the contact form to the right of this page.