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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?
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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.
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 
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
My wife is that persons sister and was never notified. Is it the lawyers responsibility to verify that all this data is correct?
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
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?
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... View More
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
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
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
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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
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
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
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
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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
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
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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
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
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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
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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
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
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
I have been living with her and taking care of her for the past year
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,... View More
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.
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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
Kids are 21 & 19 and live out of state.
answered on Oct 25, 2024
The next of kin will be responsible for the body, regardless of their location.
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
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
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
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.
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
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
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?
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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.
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?
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.
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