answered on Dec 22, 2017
The answer for Minnesota is No, you cannot completely disinherit your spouse.
Rather than me including the MN Statute, here is the link to the MN Elective Share Statute:
https://www.revisor.mn.gov/statutes/?id=524.2-202
You will see it also refers to the "augmented... View More 
this has happen in the state of arizona and how do i proceed in minnesota, how do i ubtain a legal copy of the last will and testa ment
answered on Dec 14, 2017
Hello, Thank You for your question! Unfortunately, the work you need to do is with the Arizona court where this was handled, not in a Minnesota court. But regardless, to get started, you will need a copy of the Will. Luckily, a Will that went through probate is a matter of public record (I am... View More
No children for her or her sibling. Her deceased father has one living brother; other siblings of both father and mother are dead. Would the Uncle be the only heir or would the children of the father’s deceased siblings also be heirs?
answered on Dec 14, 2017
Thank You for your question! Minnesota has set out in Statute the order of preference when determining descendants if a Minnesota resident (or someone who has an interest in real estate in Minnesota) dies without a Will (known as "Intestate"). These rules are called "Intestate... View More
answered on Aug 30, 2017
That depends on what needs to be done. Close bank accounts and distribute money -- this can be done rather quickly with only the state 'claims period' to wait before distributions.
Sell stock? It could take longer.
Sell real estate? It could take MUCH longer.
Wind... View More
My husband died and left a check from Chase bank from an IRA account he received from his fathers death unsigned and uncashed. I returned it to Chase bank per their request. To distribute the funds to me they are saying I need to become the executor of his estate. Which paperwork and filing fees in... View More
answered on Aug 15, 2017
Every state has procedures for 'small estates' both in and outside of probate. I would advise you to consult with a local Probate attorney who can provide some guidance at minimal cost for such a small item. You MAY be able to simply prepare and present some sort of affidavit, or if the... View More
She was in a memory care facility for 2 1/2 yrs. We now got a letter from Carver County asking for information on her checking account, that they have last illness authority over remaining money. My sister and I have spent some of the money, but there's 140,000 left. Are we going to have to... View More
answered on Apr 24, 2017
Call an elder law attorney ASAP (and I mean right now) to see what can be done. Failure to act quickly could have big consequences.
She is the beneficiary of almost all of his stuff but that bank account. What does she need to clam the money and close his account.
answered on Nov 1, 2015
She needs to have a full discussion with a local probate attorney, at the very least.
for Determination of Descent with the Court to transfer the title to my name, but I found out that the hospital that treated my sister before she died had filed a claim against her estate. The only estate she left was her share of the property with me. At the time of her death, the property had a... View More
answered on Oct 6, 2015
If you own the property in common with your late sister's estate, yes, normally the hospital could recover its bill by suing in rem to force a sale of the property. There may, however, be an applicable homestead exemption in your state which might protect you.
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.
