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

Asked about 1 year ago - Brooklyn, NY

Even if I paying the bills with it

Attorney answers (3)

  1. Eric Edward Rothstein

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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... more
  2. Stuart Warren Moskowitz

    Contributor Level 7

    3

    Lawyers agree

    Answered . 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... more
  3. Evan A Nielsen

    Contributor Level 18

    2

    Lawyers agree

    Answered . 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... more

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