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

Asked 9 months ago - 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)

  1. Michael Todd Shilinski

    Contributor Level 7

    1

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    Answered . 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-... more
  2. Eric Edward Rothstein

    Contributor Level 20

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    Lawyer agrees

    Answered . 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... more
  3. Thomas G. Briody

    Pro

    Contributor Level 16

    Answered . 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... more

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