Skip to main content

What should I do with cash found in my deceased father's apartment? His estate is insolvent.

Buffalo, NY |

I am the voluntary administrator of the "small estate". He has very little in the bank. We found several hundred dollars in his apartment. He has many creditors, we haven't begun trying to figure out who & how much. Back taxes, social services, and his wages at work were being garnished by someone. I think I should deposit the cash in the estate account and wait for claims. My brother wants his travel expenses for the funeral reimbursed w/ the cash. I think that's both a-illegal and b- setting myself up to be sued by the creditors.

Attorney Answers 3


The cash should be deposited into the estate account. It is clearly an estate asset.

Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.

Mark as helpful

1 lawyer agrees


It's an asset of the Estate so your instinct is correct. I commend your honesty.

I am a former federal and State prosecutor and have been doing criminal defense work for over 17 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.

Mark as helpful

1 lawyer agrees


You are correct in wanting to deposit the money. Your brother should understand this.

The response I have provided is general in nature, and does not create an attorney-client relationship. My practice is based in Rhode Island, and the law and practice in other states or jurisdictions may be different.

Mark as helpful

Wills and estates topics

Recommended articles about Wills and estates

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics