Great question. It seems you are referring to "intestate succession", meaning the died without a valid will. Rather than "lineal" the term typically used is "class." Distributions in intestate succession are done by class. Since Bob and Alice are in the same class -... View More

Unfortunately, if you cannot find her Will, her estate will be treated as if there never was a Will. Her estate will then follow the MN rules of Intestate Succession.

Here is a link to the MN Rules, if that helps: https://www.revisor.mn.gov/statutes/cite/524.2-101

Thanks for the... View More

Thank You for your question. The best way to ensure your heirs inherit your property while protecting it from creditors - especially medical providers and the like, is to transfer it into an Irrevocable Trust.

The Trust will then own the property, not you. This is important because if you... View More

Thank You for your question. The best way to ensure your heirs inherit your property while protecting it from creditors - especially medical providers and the like, is to transfer it into an Irrevocable Trust.

The Trust will then own the property, not you. This is important because if you... View More

Thank You for your question.

I actually answered it the first time you posted it last week... But in case you missed it, here is my answer again:

The short answer: Yes. Assuming there was a Will, and your relative was named Executor, he is free to seek whatever reasonable... View More

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... View More

The short answer is Yes, you can leave all of your property to just one child. However, in order to accomplish that, you will need to specify those wishes clearly in properly drafted estate planning documents.

Generally, it is assumed that if a decedent doesn't have a spouse, that... View More

Thanks for your question. The answer likely depends on WHEN they enter assisted care.

The best bet is often to transfer a home into an Irrevocable Medicaid Asset Protection Trust, but there are exceptions (have a spouse in remaining in the home, have an adult child who has been living in... View More

Thanks for your question. And it was good for you to ask BEFORE selling the property, because there IS a big tax disadvantage to selling the property now - it's called "step-up in basis."

If your mother sells her home now and does not buy a replacement, she will likely lose... View More

It depends on the asset. Here are some examples:

-If the person created a Trust as part of their financial plan, the Trust controls all assets named in the Trust.

-If a Trust was NOT created then:

--If there was real estate, then MN REQUIRES the Will to go through probate if... View More

Thank You for the question!

No, it is not illegal to ADD money to an account. However, keep accurate records of when, how much and why.

But this raises some important questions: who is handling your deceased father's estate? Did he have a Will, and is there an Executor? Are... View More

"Successor" trustee just designates who will be trustee of the living trust in the FUTURE - after the original grantor of the living trust dies or becomes incapacitated.

However, when the original grantor does or becomes incapacitated, your sister will then BECOME... View More

If the Trust is indeed irrevocable, the GRANTOR typically cannot change/cancel the Trust without the consent of all the Beneficiaries (at a minimum - the Trust documents may not even allow that).

However, after assets are transferred into the irrevocable Trust, the TRUSTEE then assumes... View More

The answer for Minnesota is No, you cannot completely disinherit your spouse.

Rather than me including the MN Statute, here is the link to the MN Elective Share Statute:

https://www.revisor.mn.gov/statutes/?id=524.2-202

You will see it also refers to the "augmented... View More

Hello, Thank You for your question! Unfortunately, the work you need to do is with the Arizona court where this was handled, not in a Minnesota court. But regardless, to get started, you will need a copy of the Will. Luckily, a Will that went through probate is a matter of public record (I am... View More

Thank You for your question! Minnesota has set out in Statute the order of preference when determining descendants if a Minnesota resident (or someone who has an interest in real estate in Minnesota) dies without a Will (known as "Intestate"). These rules are called "Intestate... View More