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Minnesota Probate Questions & Answers
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 Wrongful Death and Probate for Minnesota on
Q: Is there legal action we can take regarding our Trustee tampering with our side and not doing her job?

So my brother was shot and killed by the St.Paul police,. We originally appointed my aunt Monique and the Trustee because we believed that she would be neutral but sadly that's not the case, she has been prioritizing her side of the family and herself when portioning how the settlement should... View More

Robert Kane
Robert Kane
answered on May 27, 2023

There are legal action the beneficiaries can take if the trustee has breached her duties. The trustee's obligation is to the beneficiaries, not to "one side of the family." There are different ways to approach the situation. The circumstances would dictate the appropriate approach.... View More

1 Answer | Asked in Estate Planning and Probate for Minnesota on
Q: If my mom had a new will wrote up and she passed away before she signed it is it valid

I have been living with her and taking care of her for the past year

Neil P Thompson
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Neil P Thompson
answered on May 7, 2023

The short answer is No, it is not valid in most states. Each state has statutes that must be followed to execute a valid will. Usually, two witnesses are required and then it must be notarized.

The long answer is it may provide evidence of the intent of the decedent in a probate court,...
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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.

1 Answer | Asked in Estate Planning and Probate for Minnesota on
Q: Dad passed away in MN, had a small check didn't have estate but check says estate. how do we cash this?

In MN an estate has to be $75,000. He doesn't have this and doesn't have an estate. He has one check from a workers comp check that is worth about $13,000. How do we go about getting this cashed. We are also in a different state. Does it need to go through probate or is there a way to get... View More

Don Oliver Keene
Don Oliver Keene
answered on May 31, 2023

I think we need more information to answer this question. If your father lived in and passed away in Minnesota, you will need to likely speak with a Minnesota Attorney. Generally, Probate is initiated in the court of the county where the decedent resided at time of death, I would assume Minnesota... View More

1 Answer | Asked in Real Estate Law and Probate for Minnesota on
Q: Transfer property to family member

My father passed away without a will. The property went though probate and was finalized about a year ago. The property title had to go in to the 3 children names. How do we transfer the title to one of the children? Is a Quit Claim deed the hway to go or should we hire an attorney to do it?

Anthony M. Avery
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answered on May 2, 2023

Hire as MN attorney to draft the Deed from whichever heirs are conveying to the one heir which will have fee simple title. The Derivation of Title clause will need to recite the Probate Case and who were decreed as the tenants in common.

1 Answer | Asked in Estate Planning, Family Law and Probate for Minnesota on
Q: If decedent's property is less than 75K, will a collection of pers property affidavit work for access to bank accounts?

I live in Texas, my father lived and died in Minneapolis MN. I want to know if I can use the affidavit for collection of Personal Property to access his bank account, vice filing applying for an informal appointment of a Personal representative?

Neil P Thompson
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Neil P Thompson
answered on Feb 9, 2023

The short answer is Yes. The long answer is you must comply with Minnesota Statutes § 524.3-1201. It must be 30 days since your father passed away and there cannot be an open or pending probate case having been filed.

1 Answer | Asked in Estate Planning and Probate for Minnesota on
Q: Who becomes executor when the executor passes after probate?

A father dies, he names 1 of his 4 children as the only executor. The estate owns property that produces income annually. Years later, the executor dies. The executor is survived by his wife and 2 children. Does it go back to the courts? Or does one of the survivors from the executor take over?

Anthony M. Avery
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answered on Nov 8, 2021

A Family Member that wishes to run the Estate Assets needs to file a Motion for Appointment in the same Probate Court and Docket Number the Will was filed in.

If no Probate, then the Heirs owned all along, which now include the deceased's Heirs. All of the Heirs could declare the...
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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... View 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... View 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... View 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... View More

Nina Whitehurst
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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... View 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... View 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...
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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... View More

Nina Whitehurst
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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?... View 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...
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