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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 
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
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
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.
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.
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.
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
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.
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.
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
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.
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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
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