I know that a bank may honor a check that was written by a now deceased person up until ten days after the death or until the bank is notified of the drawer's death, but what if the check was post-dated and the drawer died before the date it was post-dated. For example, a person writes a check to his brother and post dates it for the 20th of the month, and then dies on the 10th, the bank is not notified of the death and honors the check on the 21st. The person cashing the check is aware of the date of death. What recourse would the estate have?
The check is not post-dated and the bank is unaware of the drawer's death when the check is cashed. It seems most unlikely that the estate would have any recourse to the bank in such a case. Whether the estate would have recourse against the payee, who was aware of the drawer's death, is not a banking question, and not something that is clearly answered by the Uniform Commercial Code. If the personal representative of the estate considers the dollar amount substantial enough, he or she should consult an attorney for further advice.
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The check is not post-dated and the bank is unaware of the drawer's death when the check is cashed. It seems most unlikely that the estate would have any recourse to the bank in such a case. Whether the estate would have recourse against the 