Berlin, NH asked in Estate Planning for New Hampshire

Q: Can i take $ out of a easte account to pay rent that is owed and if so do i just use atm how does it work?

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1 Lawyer Answer
James L. Arrasmith
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  • Estate Planning Lawyer
  • Sacramento, CA

A: Accessing funds from an estate account should only be done by the executor or administrator of the estate, and only for legitimate estate expenses as allowed by law and the will, if one exists. Rent owed by the estate can be a legitimate expense, but it must be documented and justified as such. You cannot simply use an ATM to withdraw funds for personal use or without proper authority and documentation. The process usually requires providing evidence of the debt to the probate court or following specific procedures established by the estate's governing documents and applicable law.

Before taking any action, you should consult with an attorney to ensure that you are acting within the scope of your legal authority and following the proper procedures. Taking money from an estate improperly can lead to serious legal consequences.

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