Ankeny, IA asked in Estate Planning and Probate for Minnesota

Q: My sister aka executer of my dad's will is not giving me my portion dad has a pension in one account for $35k and $35k

In his personal bank account. She said that in a few years when she is in a lower tax bracket then she would give it out. Nothing went to probate and has done not followed thru with her fiduciary duties. He passed in 2017. Can creditors come this late collect any monies?? This has been difficult to understand. How do I go about getting my portion? Dad left it all ($$ only) to me & my 2 sisters!

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1 Lawyer Answer
Joshua Damberg
Joshua Damberg
Answered
  • Estate Planning Lawyer
  • Richfield, MN
  • Licensed in Minnesota

A: This question should be reviewed in detail by a probate attorney. The largest issue here is probate assets versus non-probate assets. While your sister may be the Executor of the Will, this only extends to probate assets (or assets in your father's name alone with no beneficiary designations when he passed). A Will controls only the assets that go through the probate process. Pensions, if using beneficiary designations, are not controlled by a Will. If your father's personal bank account was jointly owned or had a pay on death or transfer on death designation, the assets held at the bank will also be controlled by those functions and not his Will. Creditors do have certain rights to assets which they can attach to... Obtaining your portion of the estate of your father depends upon whether any assets flow through his Will/probate, what assets are non-probate, and what creditors may exist to take prior to you and your siblings. I suggest contacting a probate attorney to better review the scenario and provide more fact-based legal advice.

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