Minnesota Probate cases can often involve complex legal and emotional issues, especially when it comes to matters of inheritance and distribution of assets among siblings. Here are some reasons why siblings might get upset in probate cases:
1 Expectations vs. Reality: Siblings may have different expectations regarding their inheritance or the distribution of assets. When these expectations are not met, it can lead to disappointment and conflict.
2 Perceived Fairness: Siblings may have differing opinions on what is fair in terms of asset distribution. Disputes can arise if one sibling feels they are receiving less than their fair share or if they believe another sibling is being favored unfairly.
3 Emotional Attachments: Certain assets, such as family heirlooms or sentimental items, can hold significant emotional value for siblings. Disputes may occur when siblings have differing emotional attachments to these assets and cannot agree on how they should be distributed.
4 Lack of Communication: Poor communication among siblings or between siblings and the executor of the estate can exacerbate tensions and lead to misunderstandings regarding the probate process and the intentions of the deceased.
5 Historical Family Dynamics: Past family conflicts or unresolved issues can resurface during probate proceedings, amplifying tensions and making it difficult for siblings to reach a consensus.
6 Financial Concerns: Financial matters, such as debts, taxes, or the cost of probate proceedings, can add stress to an already emotional situation, especially if siblings disagree on how these financial matters should be addressed.
Overall, Minnesota probate cases can be emotionally charged and complex, and it’s not uncommon for siblings to experience conflict and tension during the process. Seeking mediation or legal assistance can sometimes help siblings navigate these challenges and reach a resolution that is fair and satisfactory for everyone involved.
Call an Experienced Probate Lawyer
If you need an experienced attorney who has dealt with many kinds of probate cases in Minnesota, and who has dealt with many kinds of legal issues involving Wills, Trusts, sibling fighting, and otherwise, call attorney Joseph M. Flanders at 612-424-0398.
Minnesota Small Estate Administration | What Can Keep an Estate Small and What That Can Mean
Doing a summarized probate case might be what you’re interested in attempting. It might not be an option, nevertheless, depending on how large the estate’s worth really is. It’s also not up to you to have the final say in whether or not such a case can be conducted in a summarized format.
What you can do is try to check into the value of the estate and see how things add up. It might be easy to simply group together everything the deceased owned and check how much everything is worth, but that may include all of the assets that should transfer outside of this incoming probate law case. On the other hand, it could very well be that the deceased made plans for something to transfer automatically and their plan has come to a screeching halt.
Know What Adds Up
Assets which don’t transfer outside of a Minnesota probate are going to be what drives up the estate’s value. This is why titles, irrevocable trusts, and various other forms of ownership can be so handy, as they can enable things to not add to the overall estate’s cost. Just to be safe, however, you should ideally look into every asset that the deceased owned. Anything that no longer has a title on it because of the recent passing will have to be treated like other forms of property.
The deceased may have had their name on it, but in their absence, the vehicle or home may now lie in a kind of limbo state.
Certain items may also have special beneficiary designations. This doesn’t apply to all items found in wills because some of those are, oftentimes, simple items which only have the will to guide them. Note that wills themselves don’t escape the probate process. Life insurances policies, however, are one such asset which can be inherited without having to go through the probate process. It’s when there was no beneficiary designation made outside of what was said in the will where things can become more complicated.
Just because something could be held within a title doesn’t mean that they will be held under such a form of ownership. There’s a handful of ways which an item could be held in a special kind of ownership so that it transfers automatically, but it’s when things don’t that you need to step in and make a change.
Small Estate Administration | Look for the Uncommon
Beneficiaries can pass on at any given time. Estate planning documents aren’t always set up to account for this. That said, you may need to double check that everything that had a beneficiary designation added to it and that said beneficiary is still here. If there is no one alive to inherit the property, it might be treated as little more than a vehicle without a title. That’s when you assume that such items will be bundled to the rest of the estate and go through probate along with them, further increasing the estate’s value. Items which didn’t have someone around to inherit them will need to be addressed.
Say that one of the beneficiaries passes. What they would have inherited from the deceased is now without its primary beneficiary. Yes, perhaps there’s someone else who’ll be listed to take the asset, but that’s assuming that backup was set in place and that a backup remains. The less and less info that you have concerning who should inherit a given asset will only mean that it’s more and more likely to need to be brought into the probate case. It may not matter that the deceased listed two different people to inherit from them. The chance stands that both of these may no longer be treated as being able to lay claim to the property.
Minnesota Small Estate Law
While some assets may transfer outside of probate regardless of which state they’re in, there’s still the fact that state laws can dictate what makes a small estate and what qualifies as a large estate. One size doesn’t fit every probate case, and it’s possible that what was a minor probate case in one state was a considerably larger case in another state.
If the deceased moved and wanted to keep things small, they may have kept up with how the laws help to account for everything. Should they have been successful in maintaining things to a compact size, perhaps things will work out to allow you to file for a summary probate case. Moreover, this may not be only a thousand or a hundred dollars difference.
It’s possible that certain states qualify a large estate as twice the overall pricing of the estate compared to other areas. That means if you pass on with half of the estate that you had another in part of the country, it might not be treated any differently. One small loop hole is that the house may or may not impact the estate too much. Certain states allow assets that are left for family members to not change the matter while others may have a limit on how much the house can be worth before it needs to be taken into account. In latter states, it would be best to have it appraised to be sure of the pricing.
No Free Passes
Small estates may have things easier, that much can be very true. Being able to summarize the estate and not having to distribute too much can make things take less effort and time. But everything may still need to be distributed through probate. Just because an estate is rather small in size may not mean that it can completely negate the probate process itself. The assets may get off easy, but that doesn’t mean that the deceased’s possessions got off without much effort or cost.
Don’t surprised if you find yourself in legal trouble if not everything has been carried out properly. It’s one thing to pass on an asset, but stuff probably has to still get documented. The court will probably be curious as to why they weren’t alerted about certain items being passed on. If something was truthfully supposed to go to someone and there wasn’t anything blocking them from inheriting it, the court should agree that it’s to go to the person who was intended to take possession of it. The court probably isn’t trying to take away the property unless they’ve got good reason to do so. Making things look smaller on paper may only lead to bigger problems down the line.
Minnesota Small Estate Lawyers
Working out the estate could take quite a bit of time. Things in probate may be meant to happen within a certain time frame, but that’s assuming that all can go to plan.
Whatever part of the estate you find yourself having trouble with can be dealt with. To get and keep you out of trouble, work alongside a Minnesota probate attorney from Flanders Law Firm LLC. One should be able to come onboard once you call 612-424-0398. You might not like the thought of having to dig out several levels of abandoned clothing or unwanted dishes. That said, having an extra person to assist might make the tasks before you a lot easier
Theft is a dark word. Should that be related to the circumstance that you’re dealing with in accordance to a probate law case, you may have to prove why something shouldn’t belong to someone rather than why it should belong to you. Stealing from the probate estate is more common than you might think.
The Minnesota probate process is meant to either give to the debtors to which the property may now rightfully belong or to the beneficiaries so that they can have something as remembrance of or as sustenance from the deceased. What was said in the will is sometimes relative to what the court decided and what kind of assets there were.
It may feel like the debtors stole from you or that someone got a larger portion than you, but all of these things are money games. The executor or administrator must balance a checkbook for the deceased and figure out how they’re going to do the right thing. Debts can swallow up properties like how a child may swallow up a slice of cake. What was meant for you might not end up being available to you.
Economic Forensics
Knowing that a beneficiary stole from the estate is one thing, but having a forensic accountant check over the details is another thing. This is a step that you might want to take in case you’re looking to have as much evidence as possible. Almost every aspect of probate either boils down to assets or doing paperwork pertaining to those assets. That said, should you have paperwork on the stolen assets, someone can work on checking to verify what should be there but went missing.
Two specific types of records, property records and financial records, are probably what they’ll be looking at. Any accounting done by the executor or similar bits of information might be what the forensic accountant. Moreover, assuming that you’re a beneficiary who didn’t steal from the estate, you have the right to ask the executor for an accounting. It’s one of your perks.
Stealing from the Probate Estate | Always Check the Assets
A final accounting will need to happen eventually. It may be far off in the future. Such might be the case should the beneficiary have taken or sold something off too early on in the probate process.
Checking over the assets and comparing what was lost is incredibly important. Almost nothing should be touched or changed from how the deceased kept it, unless something needed to be done to maintain things or keep something from being destroyed. Getting a new insurance policy on the home is actually expected and completely understandable.
If you think that the bank accounts were tampered with, check if there were withdrawals. Verify whether or not the deceased actually sold the home and inquire with the executor about its sale. Actually, check with the executor about any sale that takes place pertaining to the estate regardless of size of the purchase.
They’re at least going to need to know what happened for their own records. Perhaps they’ll even be able to clue you in as to whether or not theft took place.
Get Your Evidence
If something really was stolen from the estate, you must begin to gather your evidence. Speaking to the probate court should be one of your top priorities. Knowing which probate court to speak to, the one that handled the case, is of the utmost importance.
They should have most of the official documents. You’ll probably find yourself having to prove that their documents are false before you can make a solid claim against what they may believe to be true. They’re who probably gave the executor or administrator their power after all.
A second step to take would be to talk with the administrator or the executor. Should they agree with your claims or raise an issue with them, you can plan how you want to respond from there. Not only should have the administrator or executor viewed the documents pertaining to probate, they could have been the one who helped fill them out as in the case of a final accounting.
For something to have slipped, it might have missed their eye or been something they were unaware of. In truth, it’s completely possible that the beneficiary was just unaware of how the probate process worked and assumed what they took was rightfully theirs.
That said, the executor or administrator should be the one to help you figure out if there really was stolen property or not. If the court or administrator or executor can’t help you, you must consider the validity of your claim and what other options you might have remaining.
Making Legal Moves
Once you have come to a decision that it’s time to peruse legal action, evidence is what you’ll need. Copies, copies, and more copies is what you need to procure.
Get the will as soon as you can. If no will was used in the case, you must assume that the document cannot be used in any way towards the claim. Stating that the will was unused or wrong may mean that you have, at least in part, a different kind of issue.
Disputing a will is a real kind of issue, but it doesn’t always mean theft took place. However, you may need to establish that a will was supposed to be used for probate before you can even validate your claim of theft. If the document which says someone stole from the property proves false, you probably have no claim.
Where the right will wasn’t utilized, you must consider having mercy. The administrator, in the case of a wrong will, or the executor, in the case of the absence of a will, may have been acting with what knowledge they had. Having a will or not having a will doesn’t make a probate case anymore or less legitimate until otherwise proven.
No one is, more or less, the owner of any property that needs to be probated until after the court has approved everything. You need to actually prove that something actually should go to someone else.
MN Probate Lawyer Questions
For the specifics on Minnesota probate laws, you may want to reach out to a probate lawyer. You can ask them and see what can be done about the matter.
Perhaps they can advise you on how to deal with a bond that was taken out or how to see if everything is in order. This isn’t to pretend like everything is going to be easy.
That said, having their help may make things easier overall. There might be a lot of legal documents, but they should be able to help you narrow down which ones apply to your situation.
There’s one at Flanders Law Firm LLC who can help you, and if you want to know more about doing what’s right in a probate case, call them at 612-424-0398.
To try and petition to become an executor over a Minnesota probate law case isn’t unheard of. If you don’t try to fill the role, the court will probably try to find someone else eventually.
Either the probate court will find a candidate or someone will step into the role. This isn’t a position n that you can simply jump into and start filling. There’s petitioning for the role and also getting the court’s approval to start overseeing things.
Be prepared for other people connected to the case may have higher priority than you, save for the chance that you’re the deceased’s spouse. You probably don’t only need to please the court to get their permission, but you may also find that you have to come to terms with your own family. Permission is a huge part of this ordeal.
Minnesota Probate | Priority Check
Someone could want to serve as executor of the estate, but the concern may truly lie in who has priority to serve in this capacity. Family almost always gets top priority to get this role. States can have say in who gets the highest priority, too, making it so that some members have higher priority than others.
Not everyone may be equal in this situation. The general standard throughout these fifty states is that the spouse of the deceased maintains top priority regardless of their residence. From there, the list tends to descend to immediate family, allowing for adult children, parents, brothers, and sisters to have their chance to assist.
Should you want to assist as an executor, you should work hard to figure out who has priority over you. They may or may not allow you to serve, preventing you from moving forward, regardless of your priority.
The issue, moreso, may lie in coming to an agreement of who should serve as executor. This rings true for people with higher and lower priority, as beneficiaries might want to have say in who manages the estate or you might need someone else’s permission before you can officially serve. Working towards harmony may make things easier.
Minnesota Probate Missing Will
There are probate cases where no will exists or no will proves to be valid, and there are cases where the probate court doesn’t approve of who the will named as executor. All three of these circumstances will probably result in the court wanting someone to become the executor in the desired executor’s place. Not naming an executor in the will, to say nothing of not making a will in the first place, leaves the deceased without any real say in the matter. They’ve potentially abandoned their right to make a statement over the issue at hand.
The will can be the whole deciding factor whether or not you can be an executor. Yes, you must get permission from the court, but the will is what everyone should be trying to complete.
Not having a will involved in the case may mean that the role of handling the estate is open to anyone, but if a will exists, you may have to wait and see if the court approves of the executor named in that will. You can see if you can find out who the will names as executor, and in the case it leaves such information out, that might be your opportunity to seek to take care of things.
Minnesota Probate Petition
Assume that the court wants to do less work. So, if you’re planning on being the executor of the estate, get ready to do the petitioning for the position on your own.
You can ask for advice, but you might need to carry out the labor. Don’t attempt anything till you’re certain that you have permission from anyone else who has higher priority than you. For all you know, they could find you at the courthouse the same day that you’re going into petition, and you may learn that they’re seeking the same role as you. Anyone who retains higher priority might take advantage of their priority and prevent you from taking what may belong to them.
Before you go, moreover, make sure you call in advance to find out what kind of things you need to bring. Plan on bringing cash for a filing fee and supply your own paperwork to support your request. That said, you may also need to check your calendar to set up a hearing for this petition. Yes, you may need to have a hearing before you can really start this case.
Though, prior to assuming that might be all of what you need, double check to see if you need to also petition for probate. You might find yourself making two different petitions for one case so that you can become the executor.
May Not Change Things
Your duties and powers will probably be the same regardless of how you were appointed. An executor is still an executor, and even if you were hand-picked by the court, that doesn’t mean that you’ll have complete freedom. The court is hoping that you’ll do the right thing and make the best judgment calls.
You’re still trying to please them, acting out this role because the court has been gracious enough to grant you this freedom. A favor to them this might be, but that doesn’t mean they won’t be willing to find someone to replace you. Plan on pleasing the court, the deceased, the beneficiaries, and the creditors.
You definitely can’t try to do anything that will greatly impact the estate before the court appoints you to become an executor.
Taking out insurance to help cover the home in the owner’s absence is understandable. It’s when you give something away or sell stuff off that things can get troublesome. Assume that even if you have high priority, you’re still waiting for the court to approve your petition. Never forget that the situation may well be that the court didn’t like the executor which the deceased appointed in their will. If their attempt failed, try your best so that you succeed. Realize that your role is probably as replaceable as theirs. That said, don’t be surprised if you face a similar fate should you try to replicate their failures.
Minnesota Probate Lawyers
For you to pursue the role or an Minnesota probate executor or for you to help someone pursue that role, you should make sure that you have every ally that you can get on your side. You should be laboring to work against the opposition. You want to win the metaphorical battle, but you need to assume that you still need to work through the whole of this probate case after this small skirmish has ended.
You want to have a team to help you with the challenges that lie ahead of you. This might only be the start of dealing with unknown treasures and learning to tackle new difficulties, but here’s to you overcoming the hills in front of you.
Probate law is something you don’t want to navigate by yourself.
So, perhaps you’re looking to locate a probate lawyer. However, before setting up the meeting you should take a few steps to prepare yourself.
You need the right documents and you need the right information. This can be a very thorough matter that involves lots of individuals. Accounting for all of the assets, debts, and beneficiaries might take more time than you think. Having a good attorney on your side is only going to help you move things along easier. Nonetheless, keep reading before you have to have any meetings.
MN Probate Law | Know What to Ask
Lawyers aren’t monsters. While talking to one about probate law may appear daunting, don’t let it be a daunting task.
You’ll probably run into, in fact, two different kinds of lawyers. There are lawyers who don’t know about your family situation and those who have been there most of the way and know what’s going on. If they don’t know about the family situation, you’ll need to figure out what information they need. However, even if they do know what’s going on with your family, they might still need a few details. Find out what they know and fill in the blanks.
On the flip side, asking the wrong questions and relaying the wrong information can hinder your case. No one wants to be left in the dark. If this lawyer has worked with your family before, they probably have a good idea on what’s inside the will. They may have even worked with the deceased to avoid probate as much as possible. For best results, ask any questions you deem necessary.
MN Probate Law | All the Paperwork
Probate isn’t playing the lottery where you can scratch off tickets and cash them out. There’s paperwork that you’re going to need. Consider the whole process to be put on hold until that paperwork is acquired. Though you might be able to do some preliminary discussions, seek that paperwork as King Arthur would seek the Holy Grail. If you’re unsure about what paperwork you need, you could probably bring that up during a free consultation with your lawyer.
Probably two of the most essential pieces are the will and the death certificate. The whole process of probate normally starts when the deceased becomes the deceased. Moreover, without a will, the whole probate process, more or less, falls to the will of the court.
These two pieces of paperwork help get the probate process into motion. Without these, you may need to wait or the court will probably have to figure out the next steps. As a word of warning, always anticipate that there might be more paperwork to find, consult your lawyer about what other documents there might be, and be prepared for finding more than one will.
MN Probate Law | A List of Relations
If you know someone’s in the will, write down their information. Make a list of everyone you know is in the will. Otherwise, if you’re unsure whether or not they’re in the will, jot them down in advance. Names without matching information should be tracked down. Start by asking family members and prepare to go out on a limb to find individuals who are beneficiaries.
Every beneficiary must be accounted for. Consider the possibility of the probate process taking longer because someone turned up missing. And even if they’re legally dead, you probably have to prove that they’ve truly passed on.
Myths about crossing the Bermuda Triangle probably won’t hold water in court to account for the missing persons. Yes, this may mean more paperwork, but it’s probably best to get everything aligned before you meet with your probate lawyer. Knowing how many people and where they live will give the lawyer a better idea.
MN Probate Law | Assets and Debts
Leave no stone unturned when it comes to getting information. This is especially true when it comes to information pertaining to the deceased’s assets and debts. The whole probate process is aimed at dealing with these. If the deceased set things up right, there might be barely anything that needs to go through probate. By having as much information as possible, the lawyer might be able to guess what’s all involved.
Moreover, if the lawyer worked hand-in-hand with the deceased, they might even have a surprise or two up their sleeve. Perhaps they know which assets can slip right past probate. That, however, doesn’t leave room for you to slack off from doing your homework. It could have been years since the lawyer and the deceased last spoke, much less updating the will. Debts could have been accumulated and there might be newly acquired assets. Finding out that there are more assets and debts than originally anticipated may significantly slow things down.
Once Prepared, Call a Minnesota Probate Lawyer
Once you’re all set, you should work on contacting the probate lawyer. Set up your free consultation with the law firm of Flanders Law Firm LLC. They’re ready to work out all of the assets and debts.
Dial 612-424-0398 to get everything moving forward. Whether you’re unsure about the beneficiaries or you’re still trying to get everything in order, you can still call. A lawyer will be ready to help you at every stage of the probate process.
You just found out another person has been named Personal Representative for your loved one’s probate proceedings. Maybe you wanted to be appointed. Maybe you just don’t trust them. What can you do?
Formal Probate Process
In a Formal Probate process, Minnesota law provides specific rules for how the personal representative is chosen. Priority as personal representative will first be given to the individual (or entity) that the decedent may have named in their will.
This is one more reason why having a valid will in place is so important. If the decedent did not name a personal representative in their will, priority for personal representative is given in the following order: first the surviving spouse, second other individuals that will receive a disbursement from the estate, other heirs of the decedent, or if no other party has come forward, any conservator of the decedent or other creditor.
If in this priority, you are unhappy with the appointment of the personal representative, you can file an objection to the appointment with the Court. In considering your objection, the Court will look at a few valid arguments in considering removal.
These objections include: (1) the estate does not have adequate assets to discharge all of the anticipated creditor claims, (2) an objection to have appointed instead an heir or devise that is expected to receive half or more of the estate, or (3) where there are disputes between heirs or devises of the estate, the Court can require an agreement between the parties for personal representative.
Informal Probate
If the estate is proceeding by informal probate, and you want to dispute the personal representative, your process may be more difficult. You will have to file a petition with the Court stating that your are objecting to the personal representative in the informal proceedings. The Court will then schedule a hearing regarding your objection, and the Court will consider your dispute.
Personal Representative Duties
The personal representative has very specific duties and responsibilities, the failure of which can cause issues in the probate process. The personal representative acts as a fiduciary for the estate, which means that person must act in the interests of the estate first, and act prudently for the estate. This includes collecting and protecting the assets of the estate.
The personal representative must then faithfully follow the terms of the will to distribute the assets, and follow the rules of distribution for the estate. This includes first paying debts and expenses for the estate, and concluding with distribution of the assets remaining of the estate.
Personal Representative Fiduciary Duties
If you believe the personal representative is not or has not faithfully performed on all their duties, you can file such concern with the Court for review. The personal representative may be required to give an accounting to the Court of the estate to prove the process followed by the personal representative.
If you are concerned about the appointment of a personal representative, or have questions about their performance and administration of the estate, contact an attorney today to see what your options are for dispute.
When a family member dies without an estate plan in place, the family may be left scrambling to determine what assets the family member even owned during their life.
With no estate plan, the family may not even know if they had any life insurance policies. If you find yourself searching for any life insurance policies, the Minnesota Commerce Department offers a free online service that Minnesota residents can use to assist them in locating a lost life insurance policy or annuity contract belonging to a deceased family member.
Minnesota Life Insurance Locator
The Life Insurance Policy Locator was created by the National Association of Insurance Commissioners (NAIC) in 2016 to assist people in locating benefits. The service allows individuals who believe they may be beneficiaries, executors or legal representatives of a deceased person to perform a confidential search for life insurance policies and annuities.
What
will you need:
A
certified death certificate for the deceased is the best resource to
complete the request. This may be attained through the funeral home
that conducted the burial or cremation of the deceased individual or
by contacting the vital statistics office in the deceased’s county.
You
may also review the deceased individuals’ bank statements and check
safety deposit boxes for personal information, which may contain
information about a life insurance policy and enable you to directly
contact the insurance company without utilizing the Life
Insurance Policy Locator.
So
how do we get it:
To
begin your search, you can follow this link:
https://eapps.naic.org/life-policy-locator/#/welcome.
You will need to provide as much information as possible to guarantee
the most accurate results. Only one request is required for your
family member. The search will encompass all participating life
insurance and annuity companies, and it doesn’t matter where the
family member may have lived before, or when they purchased the
policy. The only note to remember is that not all life insurance
companies participate in this process.
What
happens if they find something:
The NAIC will send an e-mail to the person who submitted the inquiry, including the request details and will also notify participating life insurance and annuity companies of the request, asking the companies to determine whether they have an individual life insurance policy or annuity contract in the name of the deceased family member.
The insurance company will directly contact the beneficiaries or their authorized representatives when a match is discovered. A response will only be given if relevant information is discovered and could take up to 90 business days. You will not receive a response relevant information is not discovered. If you still have questions you can contact the Minnesota Department of Commerce or call our office.
“Joe – Thank you again for the expeditious and professional work. It’s nice to have an attorney that I know is going to be candid and approachable throughout.”
Minnesota Probate cases can often involve complex legal and emotional issues, especially when it comes to matters of inheritance and distribution of assets among siblings. Here are some reasons why siblings might get upset in probate cases:
Minnesota Small Estate Administration | What Can Keep an Estate Small and What That Can Mean
Stealing from the Probate Estate | What to do
Petitioning to Become an Executor of an Estate
How to Prepare for Meeting a Probate Attorney
You just found out another person has been named Personal Representative for your loved one’s probate proceedings. Maybe you wanted to be appointed. Maybe you just don’t trust them. What can you do?