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Question
I often pay bills from my account on behalf of my mother. Do I need any special documentation to put myself in place as an official creditor to the estate before the split with my siblings?
Submitted: 39 days and 3 hours ago.
Category: Estate Law
Value: $28
Status: CLOSED
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State/Country relating to question: South Dakota
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Posted by
Daniel Solutions
39 days and 3 hours ago.
Answer
Yes. You need to be the Trustee/Payee/Guardian or have Power of Attorney over your mother. Your mother's bills should be paid from either her account or an trust account created in your name for her benefit. You should not be paying bills from your own account then seek reimbursement from your mother's account.
39 days and 3 hours ago.
Reply
If she had the money I would pay it out of her account. However, she has little money, so I cover these bills. How can I get around this?
Posted by
Daniel Solutions
39 days and 3 hours ago.
Answer
You still need to have a written agreement where she will reimburse you for basically small interest free loans your are extending to her.
39 days and 3 hours ago.
Reply
I want the reimbursement to be from her estate. Can the agreement state is as such? The essence of the question is that she has no money, I'll cover bills 'til she's gone, but want to be paid from the estate before the split with siblings. How can I make this happen?
Accepted Answer
If your mother is alive, which I assume she is alive, then you would asking to allow the money you pay on her behalf to build until she dies, then you try to get the money from her estate. If that is correct you may run into several problems one of which could be the statute of limitation. However, as I mentioned in my prior post, you must have a written agreement where she will reimburse you for basically small interest free loans your are extending to her. I do not advise such an agreement. I wish you well.
Expert:
Daniel Solutions
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10/15/2009
Attorney
Practicing Attorney for over 20 years and College Professor for over 10 years
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