Legal Question in Wills and Trusts in New York

Executor of Moms Will

I am the executor of my Mothers will,she passed away on 9/27/08.I noticed with all the paper work I had to do that my sister was using my mothers check book and credit card.My mother was dieing of cancer and was in and out of the hospital.Also the last 6 weeks of her life ,hospice was involved to keep mom out of pain.It got to the point she could not make any decisions with all the pain meds she was on.When I asked my sister why she was using moms checks and credit card,she told me Mom said it was o-kay.I cannot ask my Mother because she passed away.My sister said that she has a witness saying she could sign Moms name on personal checks and moms credit card.My sister did not have power of attorney to do anything.If my sister said she had a witness to sign moms name ,is that hear-say.I told her what she did was wrong .To me that is considered forgery of checks and credit cards.Thank You


Asked on 6/29/09, 1:27 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Executor of Moms Will

This is not the first, nor do I suspect this will be the last, time I have heard of this. You seem to have two choices: (A) Expect the normal he said-she said about this and unless you want to pursue it with the authorities, you may need to bite the bullet. You do not say what was purchased (any for Mom) and what was Mom's prior history of spending for your sister or allowing her to use Mom's credit? (B) You could deduct what your sister spent from her share of the estate, if there is any estate. Either way, anticipate litigation over the issue.

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Answered on 6/29/09, 2:59 pm


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