Is Incapacitated Mother Responsible?

[Steve Fenner]

My step-father recently died and had a local attorney as his executor(New York. My step-father left very little money, the money was used to try and pay his final debts. The money was exhausted and the lawyer is trying to say my 73 y.o. mother (who has been in a nursing home for the past 2 yrs and is on medicaid) and I (as the POA)owes him for executing the will. My mother was left nothing, my step-father collected my mother's social security check for almost 2 yrs and bought all kinds of computer stuff and misc. items for the house, he then gave it all to his caregiver of 18 months. I say my mother is not responsible for paying the lawyer anything. Please help.

 

[Jack Mevorach, Esq.]

Doesn't sound right at all. First, is the attorney asking to be paid for preparing the will, or for executor fees? Second, most wills DO NOT provide for payment of testator's (deceased person's) debts. Perhaps will not prepared correctly. Third, doubtful that this attorney can look to you for payment.

I'm in NY. If you like, phone for free consult.