My Brother is currently in hospice and his minor child will be eligible for SS Survivor Benefits after he passes. We wish to protect these benefits from the minor child's mother who has a history of not having minor child's best interests in mind when it comes to the support she has... View More 
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answered on Sep 21, 2023
Yes, Social Security Survivor Benefits can generally be paid into a trust for the minor child's benefit, with a trustee managing the funds to ensure they are used in the child's best interest. Consult with a legal professional in Minnesota to establish an appropriate trust structure that... View More
My Brother is currently in hospice and his minor child will be eligible for SS Survivor Benefits after he passes. We wish to protect these benefits from the minor child's mother who has a history of not having minor child's best interests in mind when it comes to the support she has... View More
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answered on Aug 23, 2023
Social Security pays children's benefits to a representative payee, an adult who is deemed responsible for handling the monthly payments. A representative payee may be a parent, relative, guardian or friend of the family. Social Security requires the payee to file an annual report of how the... View More
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answered on Jul 17, 2023
To set up a Power of Attorney (POA) in Minnesota that first goes to your spouse and then to your children if your spouse is deceased:
Choose the type of POA: Decide between a general or limited/specific POA.
Draft the POA document: Consult with an estate planning attorney to create... View More
I have 2 houses with land, show cars,alittle money in bank, lots of collectables and lots of junk. I have not done a will. and years are passing fast. I have no siblings and dont talk with distant relatives. I dont want the state to take over if something happens to me. I hate the thought of... View More
answered on May 21, 2023
It depends what you mean by "easier." If you hate the thought of getting married this seems to imply that this wouldn't be easy for you. Getting married married may involve the least amount of paperwork, but that doesn't necessarily mean it's easier for you. A will (or... View More
I have been living with her and taking care of her for the past year
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,... View More
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.
Our dad died in May without a will and we do not want the girlfriend/mother of the minors to blow the money, we want our 3 siblings (all under the age of 5) to have something when they turn 18, 21 and finally 25. A friend told us we can not set up a trust without the mothers ok, but the mother... View More
answered on Aug 4, 2023
My condolences. It's difficult to tell what the situation is exactly. You seem to want to bypass the mother for the sake of her child. This seems unlikely, but without much more information it is impossible to advise. Especially, on a free online Q and A.
answered on Jul 24, 2023
A power of Attorney is gone once a person dies. Thus, you can't setup a power of attorney form that only becomes effective if you die. A POA can be set up one that becomes effective if you become incapacitated. It would be a "springing" POA.
In MN an estate has to be $75,000. He doesn't have this and doesn't have an estate. He has one check from a workers comp check that is worth about $13,000. How do we go about getting this cashed. We are also in a different state. Does it need to go through probate or is there a way to get... View More
answered on May 31, 2023
I think we need more information to answer this question. If your father lived in and passed away in Minnesota, you will need to likely speak with a Minnesota Attorney. Generally, Probate is initiated in the court of the county where the decedent resided at time of death, I would assume Minnesota... View More
My husband passed away and did not have a will. So far, three businesses have requested a small estate affidavit.
How do I let her continue to live in the house without giving her rights or power to the property?
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answered on Apr 24, 2023
Consult with a MN attorney. A simple Lease Contract might work, whether you actually collect rent or not. Some sort of License might also work. But just letting her live there could result in title/possession problems. I suggest owner pay the taxes.
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?
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.
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?
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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
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answered on Aug 30, 2021
A power of attorney ends when the principal dies. It also ends when the agent dies, unless there was a successor agent named, in which case it continues in favor of the successor agent.
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
Won't let me edit main question, but please read-on... I purchased my fathers remainder interest last year at a value based on Minnesota's "Life Estate Mortality Table" which seems to be the same for all states. I fixed-up the home and am selling so will need to calculate value... View More
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answered on Jul 8, 2020
Your basis in the remainder interest is what you paid for it plus any other costs of acquisition, such as recording fees and documentary transfer taxes, if any, and title and escrow fees, if any. As far as the sale price goes, it is whatever the market will bear. Consulting actuarial tables is... View More
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answered on Feb 26, 2020
If your mother died without a will or trust or if her will or trust provides for outright distribution of your inheritance to you, then the best you can do is create your own first party supplemental needs trust if you are still young enough to be eligible. There are other options such as a pooled... View More
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
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