Minneapolis, MN asked in Estate Planning for Minnesota

Q: Can a conservator elect to remove designated beneficiaries of annuity accounts and then roll them into an estate and wh

My grandmas conservator chose to remove beneficiaries of investment annuity accounts and transfer them into her estate for probate. My grandma already had assets in her estate to cover any expenses, and after she was deemed incompetent by the court, her attorney submitted a new will and sealed it from any family member to view it. My grandma has now passed, and we still have no access to her will. Her conservator is now her executor and she did not have her listed to do so yet no court hearing on any of this. Is this normal to do to a family? What are the reasons to do this?

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1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
  • Estate Planning Lawyer
  • Crossville, TN

A: There might have been legitimate reasons, but it sure does sound fishy to me. If I were you, I would hire a local probate attorney and petition the court to appoint you executor and to probate her previous will or, if you can't find it, to probate her estate as an intestate estate. That will get things rolling and smoke out the conservator and the new will. Do not delay.

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