---
title: "A Check as a Gift: The Court of Appeals Opines"
description: can you deposit a check from a deceased person?
image: https://www.gallatin-law.com/hubfs/Canva%20images/Did%20I%20deposit%20the%20check%3F.png
---
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05/08/2024
# A Check as a Gift: The Court of Appeals Opines
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How nice, a friend gives you $1,000,000 as a gift!!!
How sad, that friend dies before you cash the check and the account gets closed!!
What happens? Do you have a claim for the check? According to the Court of Appeals, **you do not**! The reason is that in order for a gift of that nature to be finalized, total control of the funds must be relinquished. Since the check is an instrument capable of being canceled, or the account upon which it is drawn closed before the funds leave the account, there has not been finalization of the gift.
This is not specifically in one area of my practice or another, but it is a very interesting little lesson. There is great value in a mutli-disciplinary practice. I see many things, I bring ideas and theories from one area to another, and it broadens the thinking.
Hope you enjoy the little tidbit here. Stay creative in your thinking and business; I bet it will keep you ahead of the crowd!
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## [Dan Gallatin](https://www.gallatin-law.com/blog/author/dan-gallatin)
Dan is a lifelong resident of Minnesota. Born in St. Paul, Dan spent many of his formative years growing up there before moving to White Bear Lake. After graduating from White Bear Lake, Dan spent four glorious years at the University of Wisconsin-Madison, earning a degree in two majors. Dan worked as a Senior Investigator at the Minnesota Department of Commerce for several years after graduating from college. During his final years Dan attended William Mitchell College of Law while still working full-time. During this exhausting 3 ½ year period Dan honed his skills in becoming an efficient, to-the-point legal practitioner. While at Madison Dan met his wife, Tonya, and together they moved to Minnesota to plant their roots. Dan and Tonya have two amazing, unique children and reside in Hugo.
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