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If someone passes away is it ok to withdraw money to pay for their expenses (USA)?
My father in law is from America and he used to have me pull his money out for bills etc. But he passed away and he is due to get paid. He gets VA and a small amount of SS (but that will get taken by his payday advance that he took out last month). Is it ok for us to pull out his money to help pay toward expenses like getting his ashes back to the US and outstanding bills he owes? I don't want to get in trouble and break the law but we arn't sure on the law in regards to that. Oh and he's from CA.
Forgot to say he passed away abroad. So until we get his passport and death certificate we can't report it to the embasy.
He didn't have a will.
So what about funeral expenses that we have to pay? There is no esate and if the SS and VA has to go back as he died monday and isn't due to be paid until 3rd then that would mean his bank account is going to be $500 overdrawn as he took out a payday advance last month?? I have no money for a funeral, so am getting assistance here in England, we were hoping to use the money to send his ashes back to the US. There are 2 sons but only one in the US (my husband and I live in the UK where our father in law stayed) and we all know where the money will go if he gets put in charge of it... streight into alchol and drugs. So where would that leave us legally? Left to foot a $600 bill to get Dad's ashes taken back so he can get the sending off he deserves and burried with his wife like he wanted?
4 Answers
- JZDLv 710 years agoFavorite Answer
Someone will be appointed executor or administrator of the estate, will or no will.
This money belongs to his Estate. The bills are due to be paid by his Estate so I see no problems there. The executor/administrator would be his wife or children if wife is dead.
Source(s): I'm a lawyer - Anonymous10 years ago
Only if you are the executor of the will.
When my mother died I was the executor so this was my job. prior to that I had total power of attorney over her assets. But at the moment of her death, a Power of Attorney document ceases and this is where the executor of the will has to take over.
I had to do this for both my mother and father.
Also a word to the warning. Do not spend it unwisely because you still are required to file a final accounting with the local, state and federal governments.
Luckily you can do all of these at one time on the local level if you have the right documentation.
Herb
- Dan HLv 710 years ago
Only if you are the executor of his will or his estate.
If he is deceased, then his SS payments and VA payments will stop. You need to report his death to those agencies and the embassy anyway. Any money due him before his death will be paid, and money received after his death will need to be repaid.
- ?Lv 710 years ago
No, since you are obviously not the executor of his will since there was no will. Whomever ends up executing his probate (probably a court assigned lawyer) will be the one who can do that.
