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... Read 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... Read 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,... Read more »
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... Read 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... Read 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?
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?
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... Read more »
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... Read 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... Read 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... Read more »
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... Read more »
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... Read 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... Read 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... Read more »
answered on Dec 18, 2019
Usually, until a court order is established either parent is entitled to possession of the child. Some states give the mother possession depending on the age of the child. Seek the advice of a family law attorney as soon as possible.
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... Read 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... Read 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... Read more »
We have very little money and possessions. If I die first, I want her to have the benefit of any finances remaining. I will soon be assigning an executer and durable power of attorney and just want her to be taken care of.
answered on Oct 13, 2019
To complies your goal of leaving everything to your wife, a wil gets the job done but if she is not good with handling her finances trust is far superior because it avoids probate and her inheritance could remain in trust under professional management.
If you are concerned about her... Read more »
I have three other siblings whom three of us had borrowed money in the past. I borrowed $6,000 in 1983 and paid it back nine months later. I have a sister that borrowed $5,000 in 1975 and never paid it back. This is noted in the will.
Can I charge her interest on the amount or at least... Read more »
answered on Sep 26, 2019
This question really cannot be answered without reviewing the precise language in the will and the promissory note evidencing the $5,000 loan. The question about whether the loan bears interest is actually a little more complicated than you think. It gets even more complicated if there is no note... Read more »
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... Read more »
answered on Sep 6, 2019
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... Read 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.
