Legal Question in Wills and Trusts in Minnesota

Must you be named Executor via the court?

My Mother passed away and named me as Executor in her will over 5 years ago. To avoid probate I am also joint on all her accounts, assets and named beneficiary on her insurance. I own her home as a life estate for her. Now I am being told I must have a court appointed paper naming me as Executor in order to file her taxes . Must I be court appointed? Seems like they would be happy to take a check from me to pay her taxes but no so easy to deposit in her account. Is there away to avoid the court system? That is what our attentions were via a retired lawyer.


Asked on 4/02/03, 6:26 pm

1 Answer from Attorneys
David Kelly-952-544-6356 Kelly Law Office

Re: Must you be named Executor via the court?

Strictly speaking it may be true that you are supposed to be appointed by the court; but I know that clients of mine have filed tax returns on behalf of deceased loved ones without being appointed.

My suggestion. If your accountant or tax preparer is saying you must be appointed first, try a different tax preparer.

Good luck.

This response is for general purposes only and does not create an attorney-client relationship. You are advised to consult the attorney of your choice concerning the details of your case.

Read more
Answered on 4/03/03, 12:03 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Minnesota