Legal Question in Wills and Trusts in New York
My mom is is on life support since July 2009 and I am concerned about her bills and money. My brother (younger) is named on her bank account because he lived with her and I live in NJ. He is now spending her money and is controlling her credit cards. They both were involved in cash club where they gave $150 each month. The payment of $2100 came in October - half for him and the other for my mom. He kept the whole amount.
He informed me in July that there are two envelopes (left in my mom's safe) with $5000 in each. Earlier this month I asked about the envelopes and he stated that he "thinks there is $5000 in each".
My questions are: is there any way I can be held responsible for my mom's present bills since I am next of kin? Am I legally entitled to one of the $5000 envelopes?
1 Answer from Attorneys
Q. is there any way I can be held responsible for my mom's present bills since I am next of kin?
A. No. Your mom or her estate would be responsible for payment (unless you guaranteed payment on behalf of your mom).
Q. Am I legally entitled to one of the $5000 envelopes?
A. Legally, cash in you mom's account is your mom's property. Upon her death, the cash becomes part of the estate. As part of the estate, the cash is used to first pay for her funeral, her debts, and then distributed to the heirs pursuant to either a will or by law (intestate).
Mike.
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