Legal Question in Wills and Trusts in New York
payments of creditors from an estate
i have been appointed fidicuary of my
mothers estate some of the money was
spent for rental expenses for my sister
who lived with my mother prior to her
death,do i have to replace funds spent
2 Answers from Attorneys
Re: payments of creditors from an estate
A very broad question with little facts. Generally, if it was your mother's wish while alive to have the sister live with her, and the agreement was that the mother would take care of expenses, then the answer is yes.
Mike.
Re: payments of creditors from an estate
You do not say if there was a Will or not. If there was a Will, are there any provisions coveriung this? If not, or if the estate is in Administration (no Will) whatever arrangement your mother had with your sister terminated on Mom's death. Any funds spent for sister after Mom's death would be considered an advance against her inheritance (deducted from her share of the estate). For more information, contact me directly.