Legal Question in Wills and Trusts in New York

My brother took money from my Moms checking account the day after she died. Then after the funeral he went to the funeral home and had them write a check for what was left from the expenses to him. The total amount of it all is $2800. He is not the executor. Is this legal?He has told me that he paid the taxes on the house. I think the executor is supposed to do that,Is this so?


Asked on 4/13/11, 3:37 pm

1 Answer from Attorneys
David Slater David P. Slater, Esq.

Yes. Your brother was a creditor, but had no right to take anything.

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Answered on 4/16/11, 5:45 am


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