Crosby, MN asked in Estate Planning and Social Security for Minnesota

Q: Can my special needs relative receiving SSI pay me for assisting him with his mom's final arrangements.

This has included but not limited to doing the funeral arraignments, looking for an attorney, providing transportation, cleaning out his mother's rented house, getting info for setting up an SNT and ABLE account, and countless other errands. I guess what I need to know is him paying me an eligible expense and would be be considered as part of settling her estate. This is a non probate case and no will

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

A: Thank You for your question. The short answer: Yes. Assuming there was a Will, and your relative was named Executor, he is free to seek whatever reasonable assistance is needed to carry out his duties. Being an Executor is work, as are all the duties necessary to carry his responsibilities. As long as you are performing tasks directly related to settling the estate, you BOTH should be getting paid - from Estate funds (it is understandable that he may not want to accept a fee since it is his mother's estate, but you might want to reassure him that being an Executor IS work, regardless of who it is for, and that MN law allows him to collect a reasonable fee for that work - also known as "Commissions").

I hope this answer was helpful. Best wishes.

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