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Minnesota Probate Questions & Answers

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 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 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 Executor)... 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 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 when... 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 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 property of a... 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 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 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 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 that,... Read more »

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

Q: My boyfriend got charged with probation violation, 609.546(2), 609.53.1, 609.506.1, 340A.503.1(a)(2) he went to his arra

Arraignment Now they are transferring him to a different county what does that mean is he going to jail or what

Thomas C Gallagher answered on May 24, 2018

The question is not clear. If he is being transferred that implies he was already in jail, being transferred to another jail in another county. In most cases involving new charges, the defendant will get a bail hearing with a few days or less. After that, often they can post bail and get out.... Read more »

1 Answer | Asked in Probate and Gov & Administrative Law for Minnesota on

Q: Can I change my Alabama license over to Minnesota since I moved there even tho I have property in probate in Alabama

Kenneth V Zichi answered on Dec 12, 2017

You should hold a license in your LEGAL RESIDENCE State. Whether or not there are proceedings in any other state are not relevant.

If you have NOT moved permanently and intend to move back in a short time, then changing your license is not needed, but if you intend to remain in MN then you...
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1 Answer | Asked in Probate for Minnesota on

Q: Do I need to go to probate or Can I do summary of assignment

My mom passed away 4/4/2015 with no will. She has land amd a poll barn that is paid for. She has a few cars paid in full but a lot of credit card debt. Can I do a summary of assignment or does this go to probate? Do I have become the executor since I'm the only child of hers and her husband passed... Read more »

Kenneth V Zichi answered on Feb 16, 2017

Short answer: You need to see a probate attorney ASAP and BEFORE you do anything more.

If the estate is 'upside down' (more debt that total assets) it may make no sense for you to do anything. Just 'walk away' and let the creditors fight over the scraps. You don't want to spend your own...
Read more »

1 Answer | Asked in Probate for Minnesota on

Q: What type of attorney (assuming probate?) would I seek assistance from?

When my husband passed we were physically (not legally) separated. His death was hidden from me by my in-laws who had him falsely listed as "divorced" on his death certificate, had his body cremated (location of his remains are unknown to me), cleared out our home and garage, and took all vehicles... Read more »

Lucas Wynne answered on Jul 21, 2016

Hire an estate attorney.

1 Answer | Asked in Probate for Minnesota on

Q: My mother passed in 7/2014 my niece has taken over the property and her name was in my mothers bank accounts.

not live in Puerto Rico how much does it cost to hire a lawyer? to resolve the property and whats happen when someone dies? She did not have a mortg the house was paid for no debts. My niece does not communicate with me and she made herself owner she is only the granddaughter what are my rights... Read more »

Jonathan Craig Reed answered on Jul 27, 2014

Most probate attorneys will give you a free phone consultation. If the niece was a joint owner of the bank account or a payable on death beneficiary of the bank account, the niece would normally get the bank account proceeds. The county recorder where your mother's house is located may have a... Read more »

1 Answer | Asked in Probate for Minnesota on

Q: When monies get probated, who receives the money after probate? -The person listed in the will, or blood relatives?

David William Jacobsen answered on Dec 7, 2013

A will is a testamentary document that provides where the testator wants his or her property to pass upon death. A validly executed will admitted to probate without challenge will control the distribution of the decedent's property. In Minnesota you can disinherit children but not spouses. A... Read more »

1 Answer | Asked in Probate for Minnesota on

Q: I cant afford an attorney any longer. I am fighting a probate case. Where can I find a low-bono or pro-bono attorney?

I can no longer afford an attorney and I have to keep fighting a probate/civil suit. I am trying to do this on my own, it is very stressful. I have to fight for what I believe in. I can not just through in the towel. Where can I find someone that will help me?

Kristen Bullock answered on Jul 7, 2011

SlidingFeeAttorneys.com is a network of cost-conscious, local attorneys offering sliding-fee representation (fees are based on your income). This is a new website and more attorneys are joining each day so check back regularly. If you cannot find an attorney in your area on that site, I suggest... Read more »

1 Answer | Asked in Probate for Minnesota on

Q: Is it possible for someone to transfer their probation from another state if they have no family members there?

Robert Douglas Kane Jr answered on Dec 17, 2010

Yes, it is possible to transfer probation to another state. I do not believe it is dependant on whether there are family members there or not. It is accomplished on a case by case basis. The probation officer should be the person's first contact.

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