Legal Question in Wills and Trusts in Pennsylvania

My mother passed away on May 30, 2010. In January 2010 she applied for a rent rebate from the government for 2009. The rent rebate check was received 2 weeks after her passing. The check is for $600 and in her name only. My disabled brother had lived with her since birth and is 40 years old. He is on disability/social security for life. The rental and utilities were switched over into my brothers name upon her passing. My question is: Can my brother put this check into her bank account which as of yet, has not been closed? He would like to use it for the rent and utilities as he is also on a low income, or should he send it back and explain the situation? My mother has no estate or attorney. I am her daughter and was her insurance beneficiary.


Asked on 7/15/10, 1:41 pm

1 Answer from Attorneys
Rachel Hunter

No. The check belongs to your mother and is part of her estate. I do not know what other bills she has or what other claims there are against the estate. An estate account needs to be opened and the bank account closed. I would talk to a probate lawyer before anything is done. It might be that as this is a very small estate, that you can use the simplied procedure.

And your mother does have an estate - even if it is only for $600.

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Answered on 7/19/10, 6:12 pm


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