Money given to me to pay sick mother's bills

[luvmybabes4ever]

My mother recently passed away while in the hospital for more than two months. While she was in the hospital, she signed over a check to me to use to run her house, pay her bills and handle any events that came up. We never expected that she would never return home. I did use up the majority of the money to pay her bills but now my brother as residuary beneficiary of her estate wants the remainder from me. What is my legal obligation here. I know what the moral thing to do is. But, no one is being very moral with me.

 

[dee_dub]

On those facts, it sounds to me like the moral and the legal coincide. It happens more often than you'd think. The money was given to you in trust by your mother to run her affairs; constructively, you are a trustee of the funds and hold them for the benefit of the estate. You are obliged to return them if the estate asks for them back.

 

[luvmybabes4ever]

As is such, I will definately do so. I had intended to all along until my brother started acting all secretive and weird with me regarding the settling of her estate and taxes etc. Simple sibling rivalry and hurt feelings.
Thank you!

 

[dee_dub]

If your brother is the executor, he has duties to settle the estate in accordance with the will and pass accounts if required. If it's at all a concern, you have avenues open to you to ensure he fulfills his duties.

 

[luvmybabes4ever]

Thank you. My brother is not the executor however he holds private meetings with the attorney that is and I am kept in the dark for the most part. Doesn't fiducuary responsibility extend to all of us in the will and not only to my brother, who the lawyer will continue a relationship with as a trustee?

 

[dee_dub]

Assuming your law is similar to my own, the personal representative doesn't owe a duty to the beneficiaries, but rather to the estate. However, the beneficiaries have recourse if they believe he is not fulfilling those duties.

Since he's also the trustee of your brother's portion, I would hope the lawyer is engaged in discussions relating to that matter, and isn't taking instruction from your brother on settling the estate. If you suspect otherwise, get an estates lawyer yourself.

 

[luvmybabes4ever]

Thank you! You have answered all of my questions very thoroughly. I am greatful for you time and efforts.