Minnesota  |  Wills and Trusts

Legal Question

Asked on: 5/07/13, 7:55 pm

My mother died on April 8. She rented an apartment in Minnesota. Her rental agreement specified a 60-day notice period. We cleaned out the apartment and returned the keys prior to April 30. The apartment manager was notified of her death on the same day, and was told we would vacate by the end of April. On May 6, the apartment complex charged the joint checking account I had with my mom for the full May rent. Question: Is death an exception to the notice requirement? If it is not an exception, is it legal to charge a bank account which as of the date of death belonged to me only? If the claim is valid, doesn't the claim need to be made to the estate through the creditor's claim process?

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