Legal Question in Wills and Trusts in Minnesota

Lawyer wants sale of home check signed and mailed to him

My friends mother died and she has sold her mothers house. The lawyer handling the probate has mailed the check for the sale of the house to my friend with instructions for her to sign it and mail it back to him. My questions are: 1. If the check is going to be simply deposited into the probate account, why does it even need to be signed? 2. Is it smart to put a signed check for that large an amount in the mail?


Asked on 11/25/05, 4:16 pm

1 Answer from Attorneys

Sam Calvert Calvert Law Office

Re: Lawyer wants sale of home check signed and mailed to him

As to your first question, I assume your friend is the personal rep. & therefore needs to sign the check in her represenative capacity. THere are other possibilities, such as daughter has a fractional interest (e.g., one-half with Mom having other half). She should ask her lawyer why that is being done. Attorney owes an honest answer to the client. As to your second question, do not endorse the check in blank (as by signing name)instead say: "Pay to the Order of First National Bank for Deposit to the account of deceased Mom Only". I would send the check certified or by some sort of trusted deliver (FedEx, similar). Might be possible to deposit the check at a branch of whichever bank is located in your friend's town.

This is general comment only as obviously I have not gotten all the facts at this time, and does not constitute an attorney client relationship. If your friend would like to consult me I do not charge for an initial consult.

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Answered on 11/25/05, 6:44 pm


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