Can we write checks against account of deceased estate to pay for funeral and medical expences prior to probate proceedings?

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Can we write checks against account of deceased estate to pay for funeral and medical expences prior to probate proceedings?

We are next of kin. There is a will, but no trust.We are specifically named in the will to recieve entire estate. I am the named executor and am also power of attorney (before and after death). All of that was never changed in the will.

Asked on May 26, 2009 under Estate Planning, California

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I don't think your power of attorney outlived your deceased, because ordinarily the rule is that the power is only that of the living person.  My recommendation would be that you talk to an attorney who handles probate work, before you do anything more.  One place to find a lawyer, if you don't already have one, is our website, http://attorneypages.com

Funeral expenses and pre-death medical expenses can usually be paid almost as soon as you are confirmed as executor, and an attorney can help you make that happen as soon as possible.


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