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Minnesota Probate Questions & Answers
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 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, 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 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.

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