Minnesota Trusts Legal Questions

I'm trying to understand your question, because you can give your property to anyone you like.  Is there some question about it being your farm?  Is there some question about you being competent to handle yourr own affairs?  Has some creditor of either you or your husband in some way legally restrained what you can do with your assets?   Assuming that none of the above applies, and that you became the sole owner of the farm when your husband died, you can give it to your kids, but you should be aware that, depending on how much the farm is worth, there may be some gift tax issues.... Read More

Dear Anonymous, I am so sorry for your loss.  As your dad's only child, you are entitled to EVERYTHING he had....EVERYTHING because be left no will...and I'm assuming there is no wife (you do not indicate if dad was divorced, separated or widowed). That means you have first dibs on being the Administrator (when there's no will, the executor is called an administrator). The big problem herein is that the companion has control of ALL of your dads assets and things quite possibly sentimental to you can begin disappearing.....so that means you need to quicken your pace towards putting things in place to become the Administrator.  The reverse mortgage, unless you desire to keep the house and you pay off what's owed, indicates the house should be sold....and the mortgage company won't deal with anyone but the individual designated by the court as the Administrator.  You do not indicate your dad owning additional assets, but if he does remember you want to keep things amicable with the companion so this won't turn into a wrestling match.  Try to include her as much as possible, but make it uncertain that you are in charge....she was obviously very important in your dad's live as you note over 20 years of involvement so your graciousness to her will get you a lot farther along than shutting her out.  Hope this helps and I wish you the best.... Read More

This may help you get your question answered. If you think Lawyers.com is not answering you, please know that it is likely because your question may have been accidentally placed under an unrelated legal topic. That is easy to do when you are upset. You have asked your question of the Trusts and Estates lawyers who deal with issues surrounding people's deaths and how they plan for what happens to their belongings when they pass away. Perhaps if you change the legal topic area and ask your question in the Consumer or Small Claims categories, one of the lawyers that review those areas will be able to assist. Respectfully,Gale Allison, Principal AttorneyThe Allison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/GaleAllison ... Read More