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Tuesday, May 13, 2014

Proving Payment Required

Sue, the executor of her dad Luke’s estate in the probate court, asked the judge to decide whether the interior decorating consultant’s claim should be paid.  The judge ruled that only $300 for the initial meeting was due, rather than the $30,000 claimed for custom-made furniture and further services.

Sue, therefore, has to pay $300 to the consultant.  The court will require proof of payment to be filed in the probate case before it will allow Sue to close her dad’s probate. 

The best way to prove payment is to file a signed Receipt/Voucher from the consultant with the court.  In return for providing the consultant with payment, Sue needs to have the consultant sign the Voucher acknowledging payment in full. 

If the consultant will not cooperate, Sue could delay payment to pressure her to sign a Receipt/Voucher.  If all else fails, Sue may be able to prove payment in full to the court by filing a canceled check showing that the consultant deposited the check.

Unfortunately, that is becoming more difficult with banking technology advances today that make receiving the original cancelled checks slower, or sometimes even impossible. 

For advice on taking care of a deceased family member’s bills and assets, call our office at (815) 436-1996 for an appointment. © 2014 Gruber Law Office, Ltd.


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