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Minnesota Probate Legal Questions

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37 legal questions have been posted about wills and probate by real users in Minnesota. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include living wills, and contested wills. All topics and other states can be accessed in the dropdowns below.
Minnesota Probate Questions & Legal Answers - Page 2
Do you have any Minnesota Probate questions page 2 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 37 previously answered Minnesota Probate questions.
Wills and Probate
Minnesota

Recent Legal Answers

how do I protect my iterest - I have an outstanding loan to a decedant that is to be collected upon his death (from the sale of property

Answered 5 years and 8 months ago by attorney Terry Lynn Garrett   |   1 Answer
Ask a local real estate attorney to help you record the agreement in the county deed records so that when the real property is sold or transferred, the title company will see that you must be paid first.
Ask a local real estate attorney to help you record the agreement in the county deed records so that when the real property is sold or transferred,... Read More

its complicated, what i really need is to speak to some kind of advocate to help me to know what kind of law help im very desperate for?

Answered 5 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer
In addition to filing a grievance with the state bar and suing the lawyer for malpractice, contact your local Volunteer Legal Services or, if you do not qualify, Lawyer Referral Service (It may have a modest means program.)
In addition to filing a grievance with the state bar and suing the lawyer for malpractice, contact your local Volunteer Legal Services or, if you do... Read More

I discovered Mom had an old wok pension. She had medial assistance thru WI; is WI entitled to her pension? She died 4 yrs ago at 71.

Answered 6 years and 5 months ago by attorney Terry Lynn Garrett   |   1 Answer
You appear to be referring to the Medicaid Estate Recovery Program.  If so, it must be reimbursed for the loan it provided for her care. 
You appear to be referring to the Medicaid Estate Recovery Program.  If so, it must be reimbursed for the loan it provided for her care. 

What state do I have to file a QDRO in?

Answered 6 years and 6 months ago by attorney Terry Lynn Garrett   |   1 Answer
You must file with the court which decreed you divorced.
You must file with the court which decreed you divorced.

How do I obtain a court appointed letter to state that I am financial representative over someone that died?

Answered 6 years and 6 months ago by attorney Terry Lynn Garrett   |   1 Answer
Contact your state bar to find a local probate lawyer.
Contact your state bar to find a local probate lawyer.

Is it legal for my brother to give some of my fathers personal possession away?

Answered 6 years and 8 months ago by attorney Terry Lynn Garrett   |   1 Answer
When someone dies without a Will, their estate is probated in a determination of heirship.  As an heir, you can apply to become the administrator.  As administrator, you will have authority over all your father's property.  See a local probate attorney.
When someone dies without a Will, their estate is probated in a determination of heirship.  As an heir, you can apply to become the... Read More

Do I have the right to see a joint will after my father passes. His wife says she doesn’t have to show me the Will. Is this true?

Answered 6 years and 8 months ago by attorney Terry Lynn Garrett   |   1 Answer
A Will has no legal effect until it is admitted to probate by a court.  When a Will is submitted to the court for probate, it becomes a public document.  Check with the local probate clerk.
A Will has no legal effect until it is admitted to probate by a court.  When a Will is submitted to the court for probate, it becomes a public... Read More

Have ca. Want present wife to recieve house i bought before we were married. Isnt in her name just mine. Make quick lsim and add her name

Answered 13 years and 5 months ago by Robinzina Bryant (Unclaimed Profile)   |   1 Answer
Dear Minnesota, You can quick claim the house from your name alone to you and the present wife's names in joint tenancy or in tenancy by the entirety.  Make sure to change beneficiaries on the life insurance and pension through the formal procedures provided by the issuers of those policies.  You'd be surprised how many divorced folk forget to do this and 1st spouse brazenly takes the money and laughs all the way to the bank. As to your 16 and 18 year old daughters, I am going to assume you are a loving father and want to ensure your minor kids receive something....you just don't want the ex to get her hands on it.....right?  Right.  You can put something in trust for them with terms stipulating when (what age) and how they can receive it...the 18 year old can receive her gift outright because of her age-even though she's hardly really yet a grown up, so to protect it from her mother, consider putting it in some sort of trust with stipulations.  I strongly suggest you see an estate planning lawyer in Minnesota to help you decide on the appropriate estate planning tools.  If you desire to leave something for the adult children as well that can be addressed with the right tools as well and in the alternative, if you do not wish to leave the adult children anything that can be addressed to.  Best wishes with it all.... Read More
Dear Minnesota, You can quick claim the house from your name alone to you and the present wife's names in joint tenancy or in tenancy by... Read More

Does the executor of an estate need a copy of the death certificate in order to hire a probate attorney?

Answered 13 years and 7 months ago by William/J Joanis (Unclaimed Profile)   |   1 Answer
Basically, the attorney can be hired, but almost nothing can happen to start the case without the death certificate.
Basically, the attorney can be hired, but almost nothing can happen to start the case without the death certificate.

My father passed several years ago, but his wife of 30 plus years just died. Do I have a legal right to her estate? no one has contacted me.

Answered 13 years and 8 months ago by Ellen S. Kingsley (Unclaimed Profile)   |   1 Answer
You don't, unless you were provided for in her will, or perhaps, in his.  You can contact the county wills office and see if a will was probated.  You can view the will to see if you were listed as an heir and what the terms were.
You don't, unless you were provided for in her will, or perhaps, in his.  You can contact the county wills office and see if a will was... Read More

what happen if me and my husband die and we do not have a will, we have 2 grownup children.

Answered 13 years and 11 months ago by Robinzina Bryant (Unclaimed Profile)   |   1 Answer
The kids take it all.
The kids take it all.

Am I responsible for my husbands misuse of his mothers money.

Answered 14 years and 6 months ago by Gale Graham Allison (Unclaimed Profile)   |   1 Answer
Unless there are other facts you did not disclose, you would not be at financial risk in this situation. Check with a Minnesota attorney to be sure, but I believe you will find that: There is no liability to you for what your husband did with his mother's money. You are under no duty to pay a single penny to your husband's sister. From your description, if you want to free yourself of future threats of financial trouble, you may want to talk to a Minnesota divorce attorney as well. To your success,Gale Allison, Principal AttorneyThe Allison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/GaleAllison... Read More
Unless there are other facts you did not disclose, you would not be at financial risk in this situation. Check with a Minnesota attorney to be sure,... Read More
Wills and Probate
Minnesota

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