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Minnesota Probate Questions & Answers
3 Answers | Asked in Contracts, Probate and Civil Litigation for Minnesota on
Q: Is an unrecorded contract for deed valid if the owner passed away?

I entered into an unrecorded contract for deed 10 months ago with my neighbor, who has since passed away. I've made payments according to the contract terms and have had contact with the estate's representatives. There is a written agreement, and I've requested documentation from the... View More

Robert Kane
Robert Kane
answered on Apr 9, 2025

The contract may be valid and enforceable. There are, however, an infinite number of things that may prevent the contract from running its course. Without reading the specific language and knowing the circumstances it is impossible to determine what may happen. If a family member were to post a... View More

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3 Answers | Asked in Contracts, Probate and Civil Litigation for Minnesota on
Q: Is an unrecorded contract for deed valid if the owner passed away?

I entered into an unrecorded contract for deed 10 months ago with my neighbor, who has since passed away. I've made payments according to the contract terms and have had contact with the estate's representatives. There is a written agreement, and I've requested documentation from the... View More

James A. Teigland
James A. Teigland
answered on Apr 9, 2025

Probably yes but the contracts status as unrecorded puts you in a precarious spot. You should consult with an attorney first, but there are a couple of things I would consider doing: It is crucial that, even though your neighbor has passed, you continue paying, or at least attempting to pay, your... View More

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1 Answer | Asked in Probate, Tax Law and Civil Litigation for Minnesota on
Q: Guidance on probate process and tax issue for mother's property in MN

I am the only child of my mother, who was a firefighter and passed away at the age of 53. I recently discovered that her property in Minneapolis, MN, has a tax issue this year. I was not informed about her business going through probate, as my grandmother handled it without my knowledge. After the... View More

James A. Teigland
James A. Teigland
answered on Feb 27, 2025

A couple of recommendations:

1. Ask your grandmother, in writing, whether your mom had a will and if so, ask to see it.

2. Search MN court records to see if a probate was ever opened for your mom, it should be searchable by her name.

3. If your mom owned any real estate when...
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1 Answer | Asked in Estate Planning and Probate for Minnesota on
Q: Informal probate

The lawyer changed the will after the fact that my aunt‘s boyfriend had died he changed it saying that my aunt only had a life estate which wasn’t true so now the family ran me out of the house and is receiving my mail and changing the beneficiary documents or changing the names on certain... View More

Robert Kane
Robert Kane
answered on Dec 13, 2024

If you object to the probate of the Will or appointment of the personal representative in an informal probate case, you must file a petition stating your objection with the court. A hearing will be scheduled regarding your objection, and you will be required to give notice of the hearing to the... View More

1 Answer | Asked in Probate for Minnesota on
Q: Is it complicated to add a contingent name to an existing traanfer on death deed?

All persons named on the existing todd will be together on an extended flight. Iwant to add a contingent person who will never be with us on such a trip.

Anthony M. Avery
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answered on Nov 4, 2024

Only the owners with title can convey. If that owner wants to draft a new deed which includes another grantee as a remainderman, he can if its contingent. If remaindermen already have a vested interest, then all presently titled parties would have to convey such an interest. Hire a competent MN... View More

2 Answers | Asked in Estate Planning and Probate for Minnesota on
Q: Which takes precedence - named beneficiary or later guardianship order that specifies a 50-50 split of assets at death?

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?

Anthony M. Avery
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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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1 Answer | Asked in Probate for Minnesota on
Q: What do you do if no one has told you anything regarding the outcome of a probate case and it's been over 2 years?

My dad passed away over two years ago and no one has told me the outcome of the probate case but that my brother, the representative, gave my niece is vehicle. He also had another. He had 2 ATVs, many, many tools. An expensive grill. Two garden tillers. The day before he passed my sister and... View More

Robert Kane
Robert Kane
answered on Jul 5, 2024

I suggest you first visit the court's website to access the court records if no one has told you anything regarding the outcome of a probate case and it's been over 2 years. Then you may decide to go to the courthouse (in person) to view documents not viewable on line. If it was a small... View More

1 Answer | Asked in Probate for Minnesota on
Q: a person filed a notice of hearing for probate of a will without telling anyone that the deceased had a sibling.

My wife is that persons sister and was never notified. Is it the lawyers responsibility to verify that all this data is correct?

Robert Kane
Robert Kane
answered on Jun 24, 2024

She likely needed to determine the interested parties in the estate and serve them notice of the probate. I am confident the attorney would have asked about any siblings. What is your wife going to do now?

https://www.mncourts.gov/help-topics/probate-wills-and-estates.aspx

1 Answer | Asked in Estate Planning and Probate for Minnesota on
Q: I recently found out my mom had a life insurance policy at her time of death in 2010 that my brother received because he

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?

Robert Kane
Robert Kane
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...
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1 Answer | Asked in Probate for Minnesota on
Q: What are my rights in a probate case

I'm a person with a disability all of my other relatives have lawyers for the probate case I do not and I did request reasonable accommodations I requested an exception I requested a lawyer but I cannot get one because everyone is using the elderly estate low-income lawyer service what are my rights

Robert Kane
Robert Kane
answered on Mar 22, 2024

I am not quite sure what you mean. The disabled don't have right to have an attorney appointed to represent them as an indigent criminal defendant does. Are asking about access to the courtroom or the ability to participate remotely?... View More

1 Answer | Asked in Estate Planning and Probate for Minnesota on
Q: I want to contest part of the will but I do not know how to contest in a probate case?

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

Anthony M. Avery
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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

1 Answer | Asked in Estate Planning and Probate for Minnesota on
Q: What happens if property is disposed according to "the deceased <lineal> descendants" ? Note the word "lineal".

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

Scott Maki
Scott Maki
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

1 Answer | Asked in Family Law, Constitutional Law, Probate and Small Claims for Minnesota on
Q: Is it legal for my Grandma to transfer my deceased Mom's debt over to me and make me pay for it?

So my mom passed away on Thanksgiving, my sister let me have her car because it was in accordance with my mom's wishes (My mom didn't have a will. We just agreed to it as next of kin) Now, my Grandma who has STRONGLY been against me having the car is saying that I owe her $1,200 in order... View More

James L. Arrasmith
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answered on Jan 5, 2024

In general, debts do not transfer to family members upon someone's death unless they were co-signed or jointly held. As for your situation, you are not automatically responsible for your mother's debts, including any money she may have owed to your grandmother, unless you had a legal... View More

1 Answer | Asked in Family Law, Estate Planning and Probate for Minnesota on
Q: Do I have any rights my father just passed away if my last name on my birth certificate is his last name His name is not

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

T. Augustus Claus
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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

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Minnesota on
Q: Filing affidavit of survivorship for TOD deed, brother deceased.

I inherited property from my mother as the sole beneficiary named in her will. In 2019, I filed a transfer on death (TOD) deed with the county recorder, naming my brother as the beneficiary in the event of my death, but he has since passed away. I need to file an affidavit of identity and... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like you’ve been handling a lot with care, and you're almost at the finish line. Since the TOD deed was originally set up to pass the property to your brother upon your death—but he has passed away before you—his name no longer plays a role in the actual transfer. The focus of... View More

1 Answer | Asked in Estate Planning, Family Law and Probate for Minnesota on
Q: If there is no will and the children take the assets but can't afford burial. Who pays for it?

Kids are 21 & 19 and live out of state.

Robert Kane
Robert Kane
answered on Oct 25, 2024

The next of kin will be responsible for the body, regardless of their location.

1 Answer | Asked in Estate Planning, Insurance Bad Faith and Probate for Minnesota on
Q: Can companies hide or delete accounts after someone dies?

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

Tim Akpinar
Tim Akpinar
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

1 Answer | Asked in Civil Rights, Elder Law, Probate and Public Benefits for Minnesota on
Q: Pay $13.000 + 4.000.00 retainer fee to be belittled by your lawyer and in front of his peers. Is this common practice?

Dad has Dementia. Im his daughter, POA, lived, cared for him for 2 years by myself until he fell. He has a living will, trust,etc. In the VA Hospital for 1 year. "Now, It's my fault dad will not get the waiver for assisted living because I failed to supply a list of items on time, I WILL... View More

Nina Whitehurst
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answered on Sep 28, 2023

Your perspective on this may or may not be skewed. One way to find out would be to obtain a second opinion from another attorney. This forum is not a way of obtaining a second opinion. For that you would need to consult an individual attorney and provide ALL of the background information and... View More

2 Answers | Asked in Probate for Minnesota on
Q: If my father passed away without a will am i entitled to an inheritance?
T. Augustus Claus
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answered on Sep 5, 2023

In Minnesota, if a person passes away without a will (intestate), the distribution of their assets is determined by the state's intestate succession laws. These laws dictate how the deceased person's estate is divided among their surviving relatives. Typically, spouses and children are... View More

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1 Answer | Asked in Estate Planning and Probate for Minnesota on
Q: Our dad recently passed away, are we able to set up a trust fund for our minor siblings & do we need an attorney?

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

Robert Kane
Robert Kane
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.

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