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My Mother passed away and she receiving an income is spending it illegal ?

Brooklyn, NY |

Even if I paying the bills with it

Attorney Answers 3


  1. The individual, or individuals who are authorized to act for your mother's estate should handle the finances. And any instructions that govern the estate (like a will or trust) should also be consulted before any expenditures are made to make sure that what occurs is consistent with her wishes. If you're the one that's authorized to act for the estate and paying bills isn't inconsistent with any applicable documents or statutes then you can proceed. If you're not sure, it might make sense to consult an estate/probate attorney to make sure before you do anything further.

    Good luck.

    Evan A. Nielsen is licensed to practice law in California and handles federal tax matters throughout the U.S. The information provided here is for educational purposes only and is not intended as legal advice for a particular matter. This response does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult an attorney.


  2. The income belongs to the Estate. Is there an Executor?

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


  3. You should consult with an attorney. Whoever has the authority to act on behalf of your mother's estate is qualified to disperse the funds earned by the estate.

    My answer is not intended to be giving legal advice and this topic can be a complex area where the advice of a licensed attorney in your State should be obtained

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