Executor sent check to charity w/o notifying first...

I work for a college within a large university. We have affillated foundations that raise funds for the college/university (separately incorporated public charities bound by Affiliated Entity Agreements with the university).

We recently rec'd a check for $250K made out to a program within our college, to be used "at the discretion of the director." The executor of the donor's estate sent the check without contacting us first so that we could let her know how the check should be written (to a specific fund in our foundation that is under the director's discretion). Are we legally able to deposit the check into the foundation if the check is made out to the program (or must it be placed in a University account)? We do not have a copy of the will.

[annjd]

Just have the executor re-write the check. It should be no problem.

They cannot take the gift back.

Or have the U's lawyers sign off for you.