Legal Question in Wills and Trusts in New York

Re: distribution of assets

An executor is fully accountable for his conduct and if unauthorized payments are made he can be compelled to reimburse the estate. The enforceability of the debt you describe depends on many factors; was it in writing? When was it made (it may be barred by the statute of limitations). Did your mother in any way acknowledge the obligation?

Re: distribution of assets

I agree with Norman that this is an iffy question. A debt, even if in writing, must be pursued within the applicable Statute of Limitations (less than the time period you mention) or it becomes unenforceable. While a moral obligation to repay may remain, a legal obligation no longer exists. While an Executor has the obligation to collect enforceable debts, as part of the estate, he cannot arbitrarily decide what is enforceable and what is unenforceable, but may be required to proceed in Court and get a Court decision. If Mom's assistance was gratuitious (a gift to you), and, in part, this is indicated by no written Note, there is no valid claim. However, there may be practical matters, such as family harmony, involved, and the impact dollarwise, it may not be worth arguing about, and the issues could be resolved between you.