Saint Paul, MN asked in Estate Planning for Minnesota

Q: Is it illegal to deposit money into my deceased father’s account so the mortgage is paid with automated withdrawal?

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1 Lawyer Answer
Scott Maki
Scott Maki
  • Estate Planning Lawyer
  • Moorhead, MN
  • Licensed in Minnesota

A: Thank You for the question!

No, it is not illegal to ADD money to an account. However, keep accurate records of when, how much and why.

But this raises some important questions: who is handling your deceased father's estate? Did he have a Will, and is there an Executor? Are you the Executor? Is this just a measure to maintain the assets until the Executor (or Administrator, if he didn't have a will) is appointed?

The Executor has a duty to protect all assets of the Estate - BUT they are not required to use their own assets to do so. So, if you are just trying to protect the assets until the Executor/Administrator is appointed, or some other legitimate reason to prevent a greater loss, then should be no problem - but again, keep records, because you might be able to recover your payments later (the Court would need to approve any such reimbursement).

Feel free to contact me with further questions, concerns or if you need assistance. I am a MN Estate Planning Attorney. You will find a link to my site - as will as other contact information - in my Justia profile.

Best of luck!

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