Legal Question in Wills and Trusts in Virginia
my brother passed away jan, 2011. he had no will. he was not married and had no children. I'm the only sibling. I have to file for administor in virginia. I live in missouri. would it be illegal before i file for administator to pay his house payment out of his bank account.
1 Answer from Attorneys
If you are authorized on his account, you can. If you would be required to sign his name because you don't have signature authority on his account, that is not legal, not even if you had power of attorney for him while he was living. Once you are appointed his administrator, you could set up an account for his estate, move his funds into that account and pay bills from the estate account.
You might try contacting the mortgage lender and let them know of the problem, asking that additional fees not be assessed due to the situation the estate is in.
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