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Your status as executor has no bearing as to whether you have access to your mother's finances while she is living. Additionally, whether you live with your mother or whether she has debts or not has no bearing as to whether you have access to her finances. What you need is a power of attorney.

That being said, if you are also named on your mother's bank account as an account owner, then you have full access to write checks on that account just like she does. Be careful that you are not listed as TOD (Transfer on Death) or POD (Pay on Death) though instead of an actual account owner. Those who are listed as TOD or POD have no right to the account funds until the account owner dies.

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Q: Can I as executor and having joint account with my mother write checks to my siblings without a lawyer since my mother lives with me and has no debts?
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Can executor of a trust write checks to pay bills?

The executor is responsible for settling the estate. That will include writing checks to pay bills. In most cases they will create an estate account to handle these items and be able to provide a complete accounting to the court.


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When you were appointed the executor the court issued "Letters Testamentary" in your name. That is your legal authority to represent the estate and sign any checks made payable to the estate or to the decedent. You should bring a copy to the bank where the decedent had their account and speak to the manager about cashing the check. The bank may put a hold on the funds until the check clears. Once you are certain there will be no more checks issued to the estate you can then close the account. If the decedent had no bank account then you should seek advice from the attorney who is handling the estate. If you do not have "letters Testamentary" then you are not the duly appointed executor and have no right nor authority to cash the check.


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