Denton, TX asked in Estate Planning and Collections for Texas

Q: mom&sister were killed so to help us my sisters job signe over her last check to me, must it be used to pay her debt 1st

My mother and sister were both killed instantly by an intoxicated driver and left behind my 2sisters(17 & 18) and my niece(2) and I will be taking custody of Lynsy 17sister. My sister who passed away work has sent me her last paycheck but made it out to me, but I have been informed that her bank account funds must be used to pay of funds certain debts and if they were to be used on other things I could Ben liable and possibly sued. I'm not a lawyer so but my siblings are about to lose the house and I've been trying to help and I have postponed it but now I'm in jeopardy of losing my apartment(where I live with my fiancée and our 7month old son) and her check would really help. But I first want to make sure I can't get into trouble for spending it on things me and my family need. And as I said before, the check was NOT deposited into her account, and the paper check HAS been made out to me. Can I use it if my own volition?

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2 Lawyer Answers
Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
Answered
  • Estate Planning Lawyer
  • Austin, TX
  • Licensed in Texas

A: No. Texas requires that debts be paid first and that they be paid in a certain order. Contact a local probate attorney to make sure you manage your sister's estate properly.

Tammy L. Wincott
Tammy L. Wincott
Answered
  • Estate Planning Lawyer
  • San Antonio, TX
  • Licensed in Texas

A: I am very sorry for your loss and commend you for taking responsibility for your younger siblings and nieces.

The money from your sister's last check goes towards her estate debts unless she named you as a beneficiary with her employer or otherwise. I agree with Ms. Garrett and suggest you contact a probate attorney as soon as possible.

I wish you and your family the best.

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