Refund went to wrong account

Jimmy da cricket

New Member
Jurisdiction
New Jersey
My fiancé had her non CPA accountant do her taxes.By mistake he sent it to someone else at the same bank by putting in the wrong account number.He tried to get it back without success.A few months went by and my fiancé finally asked him if he had any insurance.A couple days later my fiancé receives a personal check from the Accountant's wife in the exact amount of the lost refund.A couple more months go by and the accountant passed away.My fiancé still hasnt received her original refund.Now she gets a certified letter from the wife asking for her money back and to get this matter resolved as soon as possible.My question is is there any reason that my fiancé should have to give this check back?There was nothing signed or discussed about paying it back prior to receiving this letter.
 
My fiancé had her non CPA accountant do her taxes.

FYI, your fiancé is the man whom you intend to marry. The woman whom you intend to marry is your fiancée.

By mistake he sent it to someone else at the same bank by putting in the wrong account number.

I assume "it" refers to your fiancée's state and/or federal income tax refund(s).

my fiancé receives a personal check from the Accountant's wife in the exact amount of the lost refund. . . . My fiancé still hasnt received her original refund.

These two statements contradict each other (unless there's a difference between "the lost refund" and "her original refund").

My question is is there any reason that my fiancé should have to give this check back?

No such reason is apparent from your post.

Obviously, the accountant was legally liable for his screw up. You didn't say whether the check from the accountant's wife came with any sort of cover letter or other written explanation. However, based on what you've told us, and given that it was "in the exact amount of the lost refund," there's no reason to believe it was anything other than payment for her husband's screw up. On what basis is this woman claiming that your fiancée should return the money? The accountant's wife (or whoever else is the executor of the accountant's estate) is free to sue whomever received the actual refund in order to recover the money.
 
She can certainly ask for it.
You can refuse.
If she feels strongly enough about it she can try to get a judgment in small claims. It sounds as if she would likely fail. You don't have to return a dime unless ordered by a court to do so.
 
There were no instructions when she received the check.Nothing signed.No contract.He still hasnt received refund.If she does we would have no problem returning money.
 
The bottom line is that your fiancée didn't receive her tax refund because her accountant screwed up. Unless the screw up is disputed, then there's no question that the accountant was liable to pay the refund to your fiancée. Presumably, that's why the accountant's wife sent the check, but it really doesn't matter. Your fiancée has no apparent obligation to return anything to the accountant's wife.
 
The bottom line is that your fiancée didn't receive her tax refund because her accountant screwed up. Unless the screw up is disputed, then there's no question that the accountant was liable to pay the refund to your fiancée. Presumably, that's why the accountant's wife sent the check, but it really doesn't matter. Your fiancée has no apparent obligation to return anything to the accountant's wife.
Thank you
 
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