Legal Question in Wills and Trusts in New Jersey

Paying expenses of deceased

Before a will is probated, can I write checks from my deceased mother's account if I am the executor?


Asked on 12/28/08, 11:08 am

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: Paying expenses of deceased

No. Until appointed you do not have the legal authority to sign her checks. Best is to probate the Will, be appointed and open an estate account using the funds from your mother's account. You should have no problem, once appoiinted transferring the funds to an estate account, although the bank may look for Form L-9 (self-proving affidavit) which they may have or you can get at the NJ website (NJ.GOV). Contact me directly if you have more questions.

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Answered on 12/29/08, 12:03 pm


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