How do I know if I am guilty of misusing estate funds?

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How do I know if I am guilty of misusing estate funds?

I was appointed as temporary administrator of my mother’s estate 2 years ago, after my stepfather passed that very month. My mother died, intestate 14 months before. The only monetary value of her estate consists of monthly child support arrears in the amount of $216. My 3 siblings (all adults) agreed to appoint me as temporary administrator, so long as I agreed to give them the money from the estate, because it is being paid by their father. However, the child support attorney stated the money belonged only to my mother, and now to her estate, not them. I have been using the money since then, toward court filing fees and upkeep of her home, while pursuing loan assumption.

Asked on June 1, 2015 under Estate Planning, Georgia

Answers:

Christine Socrates / The Law Office of Christine Sabio Socrates, Attorney At Law

Answered 5 years ago | Contributor

It sounds like a complex situation that would need more fact in order to adequately answer your question.  You cannot agree to pay money to beneficiaries in exchange for being appointed administrator.  The court and the probate laws govern distributions from the esate.  Money cannot be paid to beneficiaries until the valid debts and expenses of the estate are paid.  Who is assuming the loan on the house?  You can contact me directly if you would like to provide more facts. 


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