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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.

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Attorney answers 3


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

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

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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.

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