Get free answers to your Probate legal questions from lawyers in your area.
A father dies, he names 1 of his 4 children as the only executor. The estate owns property that produces income annually. Years later, the executor dies. The executor is survived by his wife and 2 children. Does it go back to the courts? Or does one of the survivors from the executor take over?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 8, 2021
A Family Member that wishes to run the Estate Assets needs to file a Motion for Appointment in the same Probate Court and Docket Number the Will was filed in.
If no Probate, then the Heirs owned all along, which now include the deceased's Heirs. All of the Heirs could declare the... View More 
There has been no showing of the trust and all the properties and money are being stolen.
answered on Aug 2, 2021
You will have to hire an attorney. If I were the attorney, I would get you appointed the administrator of the estate. Then get that person served and force him or her to come into court and prove that a trust exists. As administrator, you'd be able to get bank statements of the decedent... View More
My grandmother passed away last year. Grandpa already passed years ago. They had 4 children, my mother being the third child. In my grandma’s will, she had stipulated that each of her kids receive 25% of the money she had left behind. However, before she had passed, she had opened a joint account... View More
answered on Dec 30, 2020
Unfortunately, the money in the joint account likely ceased to belong to your grandmother when she died leaving a surviving joint owner on the account. However, if your grandmother lacked the mental capacity to understand what she was doing in setting up that account or in transferring funds into... View More
answered on Nov 16, 2020
Some of the hearings are being held remotely via zoom. Otherwise they are proceeding pretty normally in most counties. You should have an attorney assist you with this situation so you don't get revoked.
It states the bank and my stepdad are executive holders but I was told by mom's lawyer I'd get money coming from it.
answered on Nov 20, 2020
It's not real clear what you're asking. Try posting again with a question.
I just got the probate and distribution paperwork and there are many discrepensies of money that was paid out during probate. Ever since she took over my moms estate she’s been vacationing getting her sons new cars and herself a new car. I just have gone through enough I don’t want this to be... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 20, 2020
Hire an attorney without delay to look into this for you. It is possible you have already lost your rights due to expiration of the statute of limitations but if you have any time left it’s not much. Don’t post any more questions seeking free legal advice. No attorney in this or any other... View More
Lied to police and said she was 'next of kin'. The police required zero proof. Now the man's girlfriend and their children have nothing. The police, Sheriff, etc refuse to take a report of the crime. It has been more than 2 years. Can anything be done?
answered on Apr 21, 2020
Your best bet would be to take the woman to small claims court. Ultimately that’s the only option if authorities aren’t willing to prosecute.
answered on Jan 27, 2020
You will need an attorney who specializes in Estates, Trusts, and Probate.
ok what the deal is when my dad passed away I had to sign for a release of a death certificate of my dad with the funeral home for my stepbrother who is not a biological son of his. But yet they gave my dad's girlfriend 10 death certificates without me signing for the release of any death... View More
answered on Dec 23, 2019
Obtaining a death certificate in Minnesota is a pretty simple process. The Office of Vital Records is responsible for maintaining death records. Each county has its own office location.
To receive death certificates you must complete an application requesting the certificates, provide valid... View More
If two owners had a tenancy in common deed, and one owner passed away (now both have passed). What document would be filed to show the passing of her portion of the properties to the next-of-kin? My aunt died (has husband and two kids), she had tenancy in common in three properties. My cousin... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 14, 2019
Apparently your aunt's estate was never probated or the title would have been updated by now. Click on "Find A Lawyer" above and look for a probate attorney in your area.
P.o. doesnt help me from not recommiting crimes but push/force me to break laws in order to have any chamce of jumping through the hoops set upon me. Why?
They dont call me back. They dont mail me anything. They refuse to help me, why? Is this legal what they are doing to me?... View More
answered on Dec 11, 2019
In some counties the DOC supervised felonies and community corrections supervises grosses and misdemeanors.
I fail to see how having two agents pushes you to commit crimes to comply with probation. That doesn’t make any sense. It’s unclear what help you are looking for but consulting... View More
Are confused
answered on Nov 19, 2019
I'm unsure why this is posted in the Minnesota jurisdiction, but the answer should generally be "no". A Trust is a vehicle designed specifically to avoid probate, no matter where it is created or where the person who created it (called the Settlor or Trustor) passes away.
The... View More
My 79 yo father created a revocable trust in 2015, he was original trustee. Trust named his 6 children as equally-divided beneficiaries, & the "beneficiary's issue" if the child has died. My brother died March, 2019; my father died August, 2019. My brother married twice. No... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 14, 2019
That mistake is probably going to be difficult if not impossible to correct. This is why estate plans should be reviewed and updated periodically. The only way for any attorney to be able to provide you with definitive advice would be to review the actual wording of the trust instrument. This is... View More
She recorded him, while she prompted him to say he was leaving his estate to family, after she dies. My Dad and I have always talked about the college funds he set up for my kids. When I tried to talk to her about this, she cut me off and said he never had money set aside, for them. Does she have... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 10, 2019
It is impossible to answer your question without knowing whether your dad had a will, what the will says, whether had had a trust and what it says, how his assets were titled and whether any beneficiaries were named, and much more. Your best bet is a full consultation with a local probate attorney.
She was adopted as a baby and is now 42. If she doesn't have a will, or that her wishes are spelled out, will her biological mother/siblings be entitled to what she owned after she passes away, or would it go to her adopted family?
answered on Aug 20, 2019
If someone passes away without a Will, they are deemed to have died Intestate. Minnesota then sets forth a "default estate plan" for the person. This default plan basically sets forth that the persons closest living family members have priority to act as the Personal Representative (or... View More
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... View More
answered on Aug 15, 2019
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... View More
Nothing was filed in Probate. No executor nor representative was appointed. As far as I can tell, no one had a legal right to even enter the deceased person's apartment, let alone remove all property.
answered on Jul 16, 2019
As a criminal defense lawyer, I don't know which, if any, such law exists. Perhaps it does. When someone claims a law, unless it's a criminal law I generally ask them for the Statute citation number. Then we can read it online. If the problem relates to disposition of the personal... View More
If I got my probation transferred from North Dakota to Minnesota, if I get in trouble, which prison would I go to, ND or MN?
answered on Dec 26, 2018
North Dakota. You could be locked up in Minnesota pending transport, for a bit.
we married. Then he died. Now I'm being told I have to go to probate to remove his name from the deed. Don't I inherit his share since we were married?
answered on Dec 11, 2018
The issue with your question is the title/ownership of the property in question.
You state that you owned the property as Tenants in Common with your deceased husband. Tenants in Common own a divided interest or separate interests in property. In the above scenario, you would own 50% and... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
