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I am the power of attorney (POA) for my mother, who is currently on hospice at a nursing home. My mother expressed her wish to improve her diet for better survival, and the healthcare directive permits me to make choices on her behalf. Despite this, the nursing home staff, including the nurse and... View More 
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answered on Apr 16, 2025
You have legal authority through the power of attorney and health care directive, and those documents are meant to be followed. If your mother is mentally incapacitated or unable to speak for herself, your direction regarding her care must be taken seriously by the nursing home. That includes... View More
I inherited property from my mother as the sole beneficiary named in her will. In 2019, I filed a transfer on death (TOD) deed with the county recorder, naming my brother as the beneficiary in the event of my death, but he has since passed away. I need to file an affidavit of identity and... View More
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answered on Apr 12, 2025
It sounds like you’ve been handling a lot with care, and you're almost at the finish line. Since the TOD deed was originally set up to pass the property to your brother upon your death—but he has passed away before you—his name no longer plays a role in the actual transfer. The focus of... View More
My husband's grandmother owned 80 acres and recently passed. My FIL wanted to disclaim ownership and give his 50% directly to his one and only living son. Can that be done somehow without them taking ownership first? We live in Minnesota if that makes a difference.
My in-laws meet... View More
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answered on Dec 18, 2024
Hire a MN attorney to search the title and possibly determine heirship.
The lawyer changed the will after the fact that my aunt‘s boyfriend had died he changed it saying that my aunt only had a life estate which wasn’t true so now the family ran me out of the house and is receiving my mail and changing the beneficiary documents or changing the names on certain... View More
answered on Dec 13, 2024
If you object to the probate of the Will or appointment of the personal representative in an informal probate case, you must file a petition stating your objection with the court. A hearing will be scheduled regarding your objection, and you will be required to give notice of the hearing to the... View More
Kids are 21 & 19 and live out of state.
answered on Oct 25, 2024
The next of kin will be responsible for the body, regardless of their location.
My father originally had his 3 sons solely as the income beneficiaries of a trust if he passed away. After I came out as non-Catholic, he amended the income beneficiaries to my mom and my oldest brother, excluding me and my middle brother (not sure why). I believe that he excluded me because of... View More
answered on Oct 2, 2024
Anti-discrimation laws are not applicable to individuals naming trust beneficiaries. They can discriminate as they wish.
My mother named me beneficiary to an annuity several years ago. She was placed under guardianship last year due to dementia and in absence of a will the judge ordered assets be split 50-50 between me and my sibling. Which takes precedence?
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answered on Jul 29, 2024
Apparently the Judge ordered a change of the Designation of Beneficiaries. If he did, then the latest Declaration controls. Hire a MN lawyer examine the guardianship and advise The other option is to appeal if you have time, grounds and an attorney.
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answered on Jun 1, 2024
In the United States, there is no federal inheritance tax, but there is an estate tax that applies to the total value of an estate before it is distributed to the heirs. For 2024, the federal estate tax exemption is $12.92 million per individual. This means that an estate valued below this amount... View More
The attorney in fact has been managing affairs because the client is bedridden but not cognitively impaired.
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answered on May 22, 2024
Under most power of attorney instruments, yes... but the attorney in fact must act in the Principal's interest. If not, then Principal should revoke the POA and sue the Agent for breach of fiduciary duty.
Was next of kin. Without informing me the money was split up between my 2 brothers and 1 sister and I didn't receive a dime. What can I do to get my fair share of the money I'm owed?
answered on Apr 18, 2024
The specific facts of the situation will dictate how you should proceed. There are numerous questions that need to be answered. To start:
Have you confronted him?
The insurance company should have contacted all beneficiaries directly. Why didn't this happen?
How was... View More
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
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
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answered on Mar 20, 2024
In Minnesota, understanding how estates are divided upon the death of a spouse can be complex due to the state's laws and the specific details of your situation. Generally, when the first spouse passes away, the distribution of the estate depends on whether the assets were owned jointly or... View More
I'm a person with a disability the other people sent a letter saying they were going to submit both Wills to the court turned out they they did not they only submitted one so there are but I believe they are using the wrong will so that's why I want to contest. I think one of my other... View More
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answered on Mar 15, 2024
You will need a MN attorney to contest a Will filed for Probate. You may or may not have a cause of action. Obviously 2 Wills cannot be filed for Probate by the same proponent. But it sounds like you do not have either Will, which is a problem to probate the actual Will, and you must have... View More
the exemption? The farms have been, and still are family farms now operated by my son. What kind of a trust would it have to be? Thank you
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answered on Mar 11, 2024
As a Minnesota resident, you can use trusts to help manage your estate and potentially reduce your estate tax liability. However, the specific type of trust and its effectiveness in reducing estate taxes will depend on various factors, such as the value of your estate, the nature of your assets,... View More
Example: Both parents died instantly in a car crash and have 2 living adult children, Bob and Alice. Alice has 3 living adult kids. Bob never had any kids.
(A) Would Bob and Alice each receive 50% ?
(B) Or would Bob, Alice, and Alice's 3 kids all receive 20%, ie, the... View More
answered on Feb 7, 2024
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
When I get cognitively impaired (I have Parkinson's Disease), I am positive my spouse would not leave any financials to the children of my first family. She just does not like them.
I asked this question about 2 weeks ago but received no notice that you got it.
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answered on Jan 8, 2024
Absolutely...You may wish to revoke the POA and appoint someone else to act on your behalf. Consult with a competent MN attorney.
He is not my biological father. He was going to adopt me. But my biological father said no. I had his last name until I got married. Then I had to change it. He's passed away in my sister is claiming that I don't get half of his Ashes. I don't get nothing. I'm just wondering... View More
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answered on Jan 3, 2024
In the context of family law in Minnesota, your rights regarding your father's estate may depend on various factors, including whether there was a legally recognized adoption, the presence or absence of a will, and the specific laws governing inheritance in the state. If your father had... View More
I have Parkinson's Disease and have not yet lost cognitive ability.
answered on Dec 4, 2023
A judge will ultimately determine whether an individual lacks the capacity to make decisions if it is contested. The judge will rely on the admissible evidence.
My mom passed in 2021. She keeps receiving mail from fidelity investments about plan changes and important information. Nothing has account information on it and a search of her home found minimal information. I did find some account stubs from other companies but when I contacted them, they denied... View More
answered on Dec 9, 2023
A Minnesota attorney could advise best, but your question remains open for a week. Reputable companies won't usually hide accounts - but one option could be to consider using an investigator; or discuss with a Minnesota attorney about possible legal options. Good luck
50% sibling died. Cabin was obtained pre-marital. Does widow get 50% or does it fall back on the deed owners.
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answered on Oct 27, 2023
Hire a MN attorney to search the title and determine ownership. You have not stated the necessary facts.
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