Will I go to jail for this?

Sorry for your loss, man. Hopefully you'll get things work out.
 
I’m going through something similar, TS. My father is passing away from cancer. We knew since February but he never made a will. Now we are having to plan and pay for his funeral. It sucks. He is barely hanging on and I feel like he has still not come to terms with dying. It’s rough to watch.
 
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Dad died yesterday. Had no will, so his house and his $2,000 in the bank is all he had and I think that means it will go to probate court and likely be evenly distributed among me and my siblings.

But here's the question. I have his atm card and I know his pin. The bank doesn't know he's dead yet. I could theoretically go take that money out and use it to pay for some of the funeral expenses.

I'm kinda pissed at him for not making any arrangements ahead of time and leaving me to figure all this out and pay for the entire funeral out of my own pocket. I'd been reminding him to take care of this shit for years now and he didn't. He knew he didn't have long. So I feel like any money he has left should go towards his funeral.

2k is not enough, I'm still going to be on the hook for the rest, but it would help.

Anyhoo, I feel like even though I may have valid justification, that this might be illegal and get me into trouble.

@Law Talkin’ Guy

Scumbag Advice:

Take his card, take money out of it but then report the card as stolen. Make sure the ATM does not have a camera or you are wearing hoodie. This way no one knows that you took money out of his account and no one is questioning you because from the sound of it, you are super grieving hard.

Also, sorry for your loss.
 
If it isn't someone else's round when you die I don't know when it is!
 
Scumbag Advice:

Take his card, take money out of it but then report the card as stolen. Make sure the ATM does not have a camera or you are wearing hoodie. This way no one knows that you took money out of his account and no one is questioning you because from the sound of it, you are super grieving hard.

Also, sorry for your loss.
that sounds like terrible advice.
 
Also, just discuss it with your siblings. If everyone is OK with it @Fedorgasm then proceed. This isn’t something you would go to jail for, but it is something you would get sued for by one of the beneficiaries.

Thanks for posting ITT dude. It's nice to see.
 
Yeah he seems super sad

could be one of those instances where the son has already come to terms with the dad dying, and all the crying has been done. but yeah, i'd be utterly devastated if i were in his shoes.
 
IDK why I always thought you were one of the richer sherdoggers.

I would not take the money but I don't know your financial situation.
 
Thanks for the condolences. My relationship with my father was complicated to say the least, so if I seem cold that's why. He was an abusive father who later tried to make amends. Let's just say he got halfway there.

So am I sad, yes, but it's not the same as some of you who had good dads
Im sorry to hear all of this. Is there reasoning with your siblings about putting that money towards the funeral expenses? If so, I don’t see why it would be a problem.
 
Do you really get in trouble? Why not just take the money out
 
Man if I ever took the time to type out the whole story you guys would be amazed at how fucked up and tragic it was.

I believe you. My dad might not have been as bad as yours but he fucked me up mentally with his toxic war zone like mentality. His lack of empathy from war/drug use completely changed who he is. Some people don’t understand how toxic ones own parents can be. It’s like your worst enemy is the one that’s supposed to love you the most.

Sorry for your loss and the pain you’ve had to endure. Hope it all works out for you. Take care of yourself.
 
Sorry for your loss.

I don’t know if you have any religious affiliation, but you don’t have to have a funeral you know? My parents are in their 80’s and the last time we spoke dad told me that he and mom will not be having a funeral. He mentioned that many seniors are forgoing a funeral now a days.
 
Dad died yesterday. Had no will, so his house and his $2,000 in the bank is all he had and I think that means it will go to probate court and likely be evenly distributed among me and my siblings.

But here's the question. I have his atm card and I know his pin. The bank doesn't know he's dead yet. I could theoretically go take that money out and use it to pay for some of the funeral expenses.

I'm kinda pissed at him for not making any arrangements ahead of time and leaving me to figure all this out and pay for the entire funeral out of my own pocket. I'd been reminding him to take care of this shit for years now and he didn't. He knew he didn't have long. So I feel like any money he has left should go towards his funeral.

2k is not enough, I'm still going to be on the hook for the rest, but it would help.

Anyhoo, I feel like even though I may have valid justification, that this might be illegal and get me into trouble.

@Law Talkin’ Guy


You can not do that. If you can prove to the funeral home that the estate has enough money you can have them bill the the estate and pay them after probate.
 
Kind of a big risk fro $2K no?
You make a good point.
Bro your pops died without a will, so he died in intestate. It will most likely end up in probate court but it does NOT mean the money is split between the kids evenly.

Is there a mother still? Did he have brothers or sisters? A lot probate court will look into.

Also you can take and spend the money but if your siblings bring that up in court the judge could order you to pay it back and more..

I deal with this crap on a daily basis.
Are you a probate attorney?

His mom and his brother are still alive but they want the house to go to his kids. So they won't petition for any of it.

My one sister is great, reasonable, and will agree that I should take the money and pay for the funeral.

My other sister is a schizophrenic meth addict who may not even notice the money's gone. But she has a new boyfriend that seems fairly smart so it's possible that he figures out money is missing.

PS, I didn't take any money out, but I drove to the ATM and did a balance inquiry found out it's more like 10k, not 2k.

That could cover the entire funeral
 
Dad died yesterday. Had no will, so his house and his $2,000 in the bank is all he had and I think that means it will go to probate court and likely be evenly distributed among me and my siblings.

But here's the question. I have his atm card and I know his pin. The bank doesn't know he's dead yet. I could theoretically go take that money out and use it to pay for some of the funeral expenses.

I'm kinda pissed at him for not making any arrangements ahead of time and leaving me to figure all this out and pay for the entire funeral out of my own pocket. I'd been reminding him to take care of this shit for years now and he didn't. He knew he didn't have long. So I feel like any money he has left should go towards his funeral.

2k is not enough, I'm still going to be on the hook for the rest, but it would help.

Anyhoo, I feel like even though I may have valid justification, that this might be illegal and get me into trouble.

@Law Talkin’ Guy

Shit dude, sorry for your loss, that sucks...

I think the only people that would likely have an issue with it are any siblings, though if you're paying for the funeral expenses out of your own pocket then they can hardly complain.

I'd do it.
 
Dad died yesterday. Had no will, so his house and his $2,000 in the bank is all he had and I think that means it will go to probate court and likely be evenly distributed among me and my siblings.

But here's the question. I have his atm card and I know his pin. The bank doesn't know he's dead yet. I could theoretically go take that money out and use it to pay for some of the funeral expenses.

I'm kinda pissed at him for not making any arrangements ahead of time and leaving me to figure all this out and pay for the entire funeral out of my own pocket. I'd been reminding him to take care of this shit for years now and he didn't. He knew he didn't have long. So I feel like any money he has left should go towards his funeral.

2k is not enough, I'm still going to be on the hook for the rest, but it would help.

Anyhoo, I feel like even though I may have valid justification, that this might be illegal and get me into trouble.


@Law Talkin’ Guy

cut me in for half and I won't tell the popo
 
Dad died yesterday. Had no will, so his house and his $2,000 in the bank is all he had and I think that means it will go to probate court and likely be evenly distributed among me and my siblings.

But here's the question. I have his atm card and I know his pin. The bank doesn't know he's dead yet. I could theoretically go take that money out and use it to pay for some of the funeral expenses.

I'm kinda pissed at him for not making any arrangements ahead of time and leaving me to figure all this out and pay for the entire funeral out of my own pocket. I'd been reminding him to take care of this shit for years now and he didn't. He knew he didn't have long. So I feel like any money he has left should go towards his funeral.

2k is not enough, I'm still going to be on the hook for the rest, but it would help.

Anyhoo, I feel like even though I may have valid justification, that this might be illegal and get me into trouble.

@Law Talkin’ Guy
sorry for your loss and i know it costs emotionally and financially. Should maybe see a lawyer. Don't let it make you do anything underhanded is my advice. My brother was caretaker for my mother, as soon as she died, i told him to call SSI and have payments cancelled, he didn't do it, so I did. That's the lowest you can do is bilking money out of a dead person, at least in my mind.

I remember when my dad died, I was nine and we were pretty sure the apt. manager cleaned him out before we got there and the asshole even tried to get 5 dollars out of my moms saying, "he owed me five bucks" . Money turns people into absolute animals.
 
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