Minnesota Probate Legal Questions

Dying Intestate First of all, I'm sorry for your loss. Losing a sibling can be terribly emotional and taxing. That said, when a person who resides in Minnesota dies with a will (dying "testate") their assets are distributed in accordance with the terms of the will. Without a will in Minnesota - dying "intestate" - the State provides that the property be distributed in accordance with the intestacy statute, Minn. Stat. 524.2-102 & -103. Spousal Share (Minn. Stat. 524.2-102): Per the statute, if the decedent had a surviving spouse, they get the entire estate if (i) no decedent of the decedent survives the decedent, or (ii) all of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent. If, however, if all of the surviving descendants of decedent are also descendants of the surviving spouse and (i) the survivng spouse has one or more surviving descendants who are not descendants of the deceent, or (ii) if one or more of the decedent's surviving descendants are not descendants of the surviving spouse, then the surviving spouse gets the first $225,000 plus one half of any balance of the estate. Non-Spousal Share (Minn. Stat. 524.2-103): Any part of the estate not passing to the decedent's surviving spouse, or if there is no surviving spouse, passes in the following order to the individuals designated below who survive the decedent: 1. Decedent's descendants 2. Decedent's surviving parents equally 3. Descendants of decedent's parents (decedent's siblings) 4. Decedent's grandparents equally; if one or more is deceased, then to their descendants (grandparents and aunts/uncles) 5. To the next of kin in equal degree In Sum: Basically, the property goes to spouse, kids, parents, siblings, grandparents, aunts/uncles, and then next of kin. If there are no takers, then the property passes to the State. This all, of course, relies on your brother having been a Minnesota resident when he died. If he was a resident of another state, then that state's intestacy statute will control. There are a few nuances to the above distribution. For example, an heir must survive the decedent for 120 hours in order to inherit. Also, for example, individuals in gestation at the time of death can inherit provided they live 120 hours or more after birth. But in general, the above distribution is what is required by the State.  ... Read More

The executor herself is not entitled to information regarding the TOD recipients so can hardly be expected to share it with you.  If you think that you may be among them, deliver a death certificate to the relevant financial institution.  If you are, it will speak with you.  If not, not.   As benefits under the estate, if you are a beneficiary under the Will, you will likely be notified once it is admitted to probate.  When a Will is admitted to probate it becomes a pubic document.  Check with the local probate court clerk.  Some months after an executor is appointed by the Court, an Inventory must be submitted.  This, too, is a public document.... Read More

If the insurance company requires a Small Estates Affidavit or Letters of Administration or Letters Testamentary, the asset held by that insurance company did not pass to a designated beneficiary but to your mother's estate.  If the estate is more than the maximum allowed for a Small Estate Affidavit in your state, you must probate her estate formally.  Please contact a local probate attorney.... Read More

When a person dies without a Will, a court must decide who are the heirs under state law.  Anyone who thinks they are an heir can hire a local probate attorney to apply for a determination of heirship and to appoint someone to administer the estate.  The bank account passes outside the Will if it is held "joint with right of survivorship."  Half passes if it is held "joint."  Some people who are "on the bank account" are merely convenience signers and have a right of access but not of ownership before or after death.... Read More

You need a probate attorney who practices in the county in which your brother died to help you present an application for determination of heirship and appointment of administrator of the estate.  During the pandemic being unable to travel may not pose an issue:  many courts are operating by Zoom, etc.... Read More

As personal representative, it is your brother's duty to gather the assets, pay the debts and distribute the rest.  He is not privileged to live in the home if he did not inherit it in full and does not need to sell it to pay the debts.  If that is the case, he can have any guest he likes but should first deed the house from the estate to himself personally.... Read More

Step One.  Hire a probate attorney who practices in the county in which your mother died.  You will need legal representation to apply for a determination of heirship and letters of administration, in settling the estate, and in drafting a family settlement agreement and presenting it to the court and drafting and recording a deed transferring your sister's interest in the home to you.... Read More

To transfer title to and ownership of the home you must first probate (prove) your parents' estates.  This may be by probating their Will or through a court heirship proceeding, Small Estate Affidavit or Affidavit of Heirship, depending on the circumstances.  Please contact a probate lawyer who practices in the county in which your parents died.... Read More

Wills are private documents with no legal effect until they are admitted to probate (proving) by a court.  Your father may have had one among his belongings.  Like most people, he may have died without one.  If he had no children who were not also your mother's children, it is likely that she, not you and not your sister, will inherit.... Read More

The executor is not the executor until a court appoints her.  She must hire a probate attorney and present the Will for probate (proving).  Until a Will is admitted to probate by a court, it has no legal effect. When the Will has been admitted to probate and your sister has been appointed by the court, she will have the authority and the obligation to gather the assets, pay the bills and distribute the rest according to the Will. This may well involve evicting you from the home.... Read More

If the account is joint with right of survivorship (JTROS or JTWROS), 100% of the money is hers on presentation of a death certificate.  If the account is joint, 50% of the money is hers on presentation of a death certificate and 50% passes to your uncle's estate. If your mother is under 65, she can deposit the funds in a special needs trust or an account with a master pooled special needs trust and should do so in the same month in which she received them. If your mother is 65 or over, she should spend the money on an exempt asset, such as a home, in the month in which it is received. To make sure this is handled properly, she may want to consult a special needs attorney.  She can find one near her through the Special Needs Alliance or the National Academy of Elder Law and Special Needs Attorneys (www.naela.org)    ... Read More