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Questions Answered by Neil P Thompson
1 Answer | Asked in Estate Planning for Minnesota on
Q: My husband and I need to make a will or trust and we don't know where to start.

We don't have a large or very complicated estate, I don't think, and we only have 1 heir that everything will go to (our 23 year old son, who does not live with us). But we do have our house and also some land in another state, in addition to the normal retirement accounts, savings... View More

Neil P Thompson
Neil P Thompson
answered on Mar 25, 2024

Yours appears to be a straight forward basic estate plan, one that a Will plan would work well. The property in another is or can be problematic and a review of which state the property is in would be necessary. That being said a basic will, power of attorney and health care directive for each of... View More

1 Answer | Asked in Estate Planning and Probate for Minnesota on
Q: If my mom had a new will wrote up and she passed away before she signed it is it valid

I have been living with her and taking care of her for the past year

Neil P Thompson
Neil P Thompson
answered on May 7, 2023

The short answer is No, it is not valid in most states. Each state has statutes that must be followed to execute a valid will. Usually, two witnesses are required and then it must be notarized.

The long answer is it may provide evidence of the intent of the decedent in a probate court,...
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1 Answer | Asked in Estate Planning, Family Law and Probate for Minnesota on
Q: If decedent's property is less than 75K, will a collection of pers property affidavit work for access to bank accounts?

I live in Texas, my father lived and died in Minneapolis MN. I want to know if I can use the affidavit for collection of Personal Property to access his bank account, vice filing applying for an informal appointment of a Personal representative?

Neil P Thompson
Neil P Thompson
answered on Feb 9, 2023

The short answer is Yes. The long answer is you must comply with Minnesota Statutes § 524.3-1201. It must be 30 days since your father passed away and there cannot be an open or pending probate case having been filed.

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