Legal Question in Wills and Trusts in Kansas

Re: executor

When a person in a fiduciary capacity writes a check to themself, it always looks fishy, as you call it. I never have my fiduciary clients do this. You are a fiduciary (someone in charge of the assets of another)and as such are always subject to an order of an accounting by the court. In this case, putting her money in an account with your money whould be commingling, and Courts never take a good view of that activity.

If the plan was to put money in the care of daughter and son (of grandmother) why are they wanting you to deviate from that, why can't uncle get this month's money,and mom make it up when her divorce gets finalized? This and the proposed commingling could have tax implications for your grandmother.

If you cannot get an answer from your grandmother's attorney, there may be alternatives. You probably have the authotity to open an account in your name as trustee for: (grandmother's name). If your mother's divorce gets finalized later, you simply give the money to her and close the account. Although this solves the commingling problem, it may also have tax implications. If the attorne advises, you may put mom's share into a ne waccount that it just in your name, with a TOD designation to someone other than your grandmother, this MIGHT avoid the tax problems and the commingling issue.

You did not say "how" you were put in charge of your grandmother's affairs. The document that give you this authority, may give you more freedom or restriction than has been mentioned here. Consult an attorney that has access to this and any related documents before choosing a course of action.

Good Luck