Legal Question in Wills and Trusts in New Hampshire
My Mother died recently. She only had a will and a guardian. Now that she has passed the Guardian states her will takes precedence. Her three children are executors. Her bill are coming to me. Do I wait for probate or pay her bills.?
I have no access to her checking accounts. I have no clue what to do next.
Valerie Pellegrino
1 Answer from Attorneys
I'm sorry for your loss. The guardian is correct. Everything is controlled by your Mother's will and permission of the Probate Court.
I suggest that you notify all creditors that you Mother has passed and that you are starting the probate process. Given that all three of you are co-executors I suggest that the three of you agree on the use of a single attorney to help you with the process. Probate is generally not complex, but it can be tedious and does take a fair amount of attention to detail.
In the meantime, assuming there are adequate assets to pay the bills, the three of you may deterine that one or more of the bills needs to be paid promptly. If so, any of the children may advance the funds and then request reimbursement from the assets of the estate. Only after the executor is appointed will anyone have access to the checking accounts.
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