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Minnesota Probate Questions & Answers
1 Answer | Asked in Probate for Minnesota on
Q: How do I report to the court that someone has claimed to be a trustee , stolen my property, claims in court no trust?

There has been no showing of the trust and all the properties and money are being stolen.

Theodore David Vicknair Sr.
Theodore David Vicknair Sr. 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... Read more »

1 Answer | Asked in Estate Planning and Probate for Minnesota on
Q: My mom passed away and I need leagal advice on where to start to get things sorted out.
William Bailey
William Bailey answered on Mar 3, 2021

You should contact a probate attorney directly.

1 Answer | Asked in Estate Planning and Probate for Minnesota on
Q: What can my mom do about money she is entitled to in my grandma’s will when my aunt had a joint account with my grandma?

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 »

Ben F Meek III
Ben F Meek III 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 »

1 Answer | Asked in Probate for Minnesota on
Q: My mom's lawyer told me I was getting a third of the land along with my brother and sister and stepdad gets half of it.

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.

William Bailey
William Bailey answered on Nov 20, 2020

It's not real clear what you're asking. Try posting again with a question.

1 Answer | Asked in Probate for Minnesota on
Q: what kind off effect is covid 19 having on hearings for violation of probation in mn
William Bailey
William Bailey 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.

1 Answer | Asked in Probate for Minnesota on
Q: I’m 23 who lost both of her parents. Due to my age my aunt took over the estate- and I believe she is hiding/taking $.

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... Read more »

Nina Whitehurst
Nina Whitehurst 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... Read more »

3 Answers | Asked in Criminal Law and Probate for Minnesota on
Q: A woman entered the apartment of a deceased man and began removing all the property. When the police arrived, the woman

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?

Jonathan Matthew Holson
Jonathan Matthew Holson 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.

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1 Answer | Asked in Elder Law, Estate Planning and Probate for Minnesota on
Q: Need a lawyer for neglect and Financial Explotation of vulnerable adult. He's his own gaurdian, but needs advocate.
Corwin Kruse
Corwin Kruse answered on Jan 27, 2020

You will need an attorney who specializes in Estates, Trusts, and Probate.

1 Answer | Asked in Estate Planning and Probate for Minnesota on
Q: What is the legal procedures of obtaining a death certificate in the state of Minnesota

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 »

Joshua Damberg
Joshua Damberg 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 »

1 Answer | Asked in Probate for Minnesota on
Q: Tenancy in Common - Probate

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... Read more »

Nina Whitehurst
Nina Whitehurst 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.

2 Answers | Asked in Criminal Law and Probate for Minnesota on
Q: Why do I have two probation officers to report with in the same county. 1 is county 1 is doc but I never went to prison

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?... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson 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...
Read more »

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1 Answer | Asked in Estate Planning and Probate for Minnesota on
Q: If an estate is in a trust but worth over 2.1 million in WA is it required to go to probate? We are being told it is and

Are confused

Joshua Damberg
Joshua Damberg 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 »

1 Answer | Asked in Estate Planning and Probate for Minnesota on
Q: Can an obvious mistake of naming a long-time estranged adopted grandchild as beneficiary to a trust be corrected?

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 »

Nina Whitehurst
Nina Whitehurst 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 »

1 Answer | Asked in Probate for Minnesota on
Q: My Father passed away and his wife isn’t sharing information about a will. On his death bed she told him what to say

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... Read more »

Nina Whitehurst
Nina Whitehurst 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.

1 Answer | Asked in Estate Planning and Probate for Minnesota on
Q: Adopted sister and possible lack of a will

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?

Joshua Damberg
Joshua Damberg 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... Read more »

1 Answer | Asked in Estate Planning and Probate for Minnesota on
Q: My sister aka executer of my dad's will is not giving me my portion dad has a pension in one account for $35k and $35k

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... Read more »

Joshua Damberg
Joshua Damberg 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... Read more »

1 Answer | Asked in Criminal Law, Estate Planning, Landlord - Tenant and Probate for Minnesota on
Q: What Minnesota law was broken if a deceased person's property was removed before 30 days had passed?

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.

Thomas C Gallagher
Thomas C Gallagher 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... Read more »

1 Answer | Asked in Criminal Law and Probate for Minnesota on
Q: Probation

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?

Thomas C Gallagher
Thomas C Gallagher answered on Dec 26, 2018

North Dakota. You could be locked up in Minnesota pending transport, for a bit.

1 Answer | Asked in Probate for Minnesota on
Q: I am a woman who purchased a house with a man. The deed was written as tenants in common. After we purchased the house

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?

Joshua Damberg
Joshua Damberg 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...
Read more »

1 Answer | Asked in Criminal Law and Probate for Minnesota on
Q: was in a work release facility back in 2016 i "escaped" Can we work this out I'm a resident of Minnesota

Can we resolve without extradition

Thomas C Gallagher
Thomas C Gallagher answered on Dec 11, 2018

You may want to check to see if there is an active warrant. If not, it may be best to let it ride unless there is a reason not to. If there is an active warrant and you need it cleared, you'll need to turn yourself in and get booked in order to clear the warrant and get a court date. After... Read more »

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