QUESTION
Do I have to give my nephew money or the house if my sister passed away without a will?
Asked on Mar 29th, 2021 on Wills and Probate - Minnesota
More details to this question:
My sister had me assume full ownership of her new home because she was adamant that her son not get it if anything happened to her. She also put me on her bank account to help keep her son from taking money from her. Also appointed Power of Attorney. I expected she would live there for many years to come and she expected me to take care of things, as I have been doing for the past year since her husband died. We have discussed having her lawyer draw up a will, but she wanted to wait until spring. My sister died unexpectedly with no will. On the day of her death, her son asked what was going to happen to the house, and I said I would give it to him. The next day, he wanted to move in and I said I needed some time. Now I am having second thoughts. Does the son have any right to the house if it is in my name only? Or the bank account? Should I sell it and give him some of the proceeds? Are there tax implications? I'm just not sure what to do.
1 ANSWER
2 Awards
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.
Answered on Mar 30th, 2021 at 5:17 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.