Do I use money from my now deceased mother's bank account to settle debts of her estate

It depends on how the money is passing to you. If you are jointly on the accounts with her and are getting the money as a surviving co-tenenat - it is your money to do with as you see fit. If an estate has been opened or a trust was previously created where you are the administrator/trustee, then your have to follow the law that permits the creditors to file claims and (to the extent they are valid) be paid before any residue can be distributed to heirs or beneficiaries.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship

I agree with Mr. Tigerman. But if your name is on the account as a co-owner, you might not have any obligation to pay your mother's debts. And if your name isn't on the account as a co-owner, you should not pay any debts until you've been appointed as executor/administrator. There are "priorities" that are supposed to be followed as to which creditor receives payment first (in case there isn't enough to go around). And if the entire probate estate is worth less than $100,000 then there are other possible considerations.

I suggest you make an appointment with someone from your local county bar association's lawyer referral service. It should cost $50 or less for a 30 - 45 minute consultation.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

Yes. To the extent you are going to be the administratrix or testatrix you should use the money properly.

Disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

I agree with Mrs. Brewer, if your name is not on the account as a joint owner, before using any money you should consult an attorney to determine whether a probate needs to be opened and if so then you should first wait to be appointed as the executor or administrator. If you call the lawyer referral service in your county they may be able to connect you to an attorney who might even give you a 30 minute complimentary consultation. Good luck!