QUESTION
Can I sign my brothers name to his checks to pay for upcoming funeral expenses while he is in a coma, to be taken off life support in two days?
Asked on Jul 31st, 2012 on Wills and Probate - Virginia
More details to this question:
My brother died intestate. His wife abandoned the marriage, and for the past 3 years I have assisted him with financial, medical and personal affairs; signing his name to legal documents with his permission and instruction to do so. He verbally made his last wishes known to me and at least one other person; which was that his estranged spouse was not to get a nickel and that everything would go to Mom. The day before he died, I wrote Mom two checks to cover what he owed her and she used this to pay his funeral expenses. Am I guilty of forgery, or did I have a De Facto Fiduciary relationship that permitted me to sign as I had been doing? And/or did I act as De Facto Conservator and within my legal bounds to protect his estate?
1 ANSWER
4 Awards
Is it a joint checking account? Did he execute a Power of Attorney? If the answers to these questions are no, you should not be signing checks on behalf of your brother. Your brother's estate can reimburse your mother for the funeral expenses. Depending upon the state, if your brother dies intestate, his wife could inherit a portion of his estate. For example, Florida does not recognize legal separation. I suggest you meet with an attorney who practices in the field of probate to assist you with your concerns.
Answered on Aug 02nd, 2012 at 9:14 AM