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.
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.
The Benefits of Bypassing Probate Through The Small Estate Exception
We’ve all heard that probate is a process best avoided, if possible. It can take time, costs money and involves prolonged contact with a court, all things most people would prefer to steer clear of. Probate can be avoided with the help of an experienced Minnesota estate-planning attorney.
The good news is that in other cases probate can also be avoided (or expedited) just because of the size of the estate.
Why would the size of the estate matter? The reason that certain small estates are exempted from certain aspects of the probate process is to avoid wasting precious resources. If a person only leaves behind a few thousand dollars, it would be unjust to spend a substantial percentage of that going through probate trying to figure out whom to disburse the money to.
Far better to let the heirs apply for an expedited process that allows them to walk away with a larger amount in their pockets and less in the probate court’s coffers.
Minnesota Small Estate Affidavit process
If inheritors follow certain steps, Minnesota law allows them to skip the probate process altogether, provided, of course, the estate clears certain financial hurdles. Under the simple affidavit process, all an inheritor has to do is prepare a short affidavit that explains that he or she is entitled to a certain asset.
The document must be signed under oath and can then be presented to a bank or other financial institution holding an asset. The bank then gets the affidavit and a copy of the person’s death certificate and will then release the asset. This simple affidavit process is possible in Minnesota only if the entire estate does not exceed $75,000. The only other rule to keep in mind is that you must wait 30 days after the person’s death to use the affidavit.
Simplified probate
Small estates can also use what is known as a simplified probate process. This less burdensome approach requires an executor fill out a written request from the local probate court asking to use the simplified probate procedure. The court will then decide whether to grant the executor the authority to distribute assets without going through all the steps usually associated with probate. The simplified process can be used in Minnesota only after the court ensures that no property is subject to claims by creditors.
Are there any downsides? So far it sounds like a universally appealing option if it’s available to you. If you are set to inherit a small estate then anything that helps reduce the time and expense associated with securing that inheritance is a great thing.
One word of warning, though it can be good to avoid the cost of paying a lawyer, if you have any concerns about the estate or the steps involved in finalizing the process, it’s better to take a moment and seek an experienced opinion rather than potentially make a mess that could cost even more money to fix down the road. Even small estates can include complicated questions that would benefit from the wisdom of a skilled estate-planning attorney.
Pursuant to Minnesota probate law, the personal representative is the person who is chosen by the deceased and/or appointed by the court to run the estate. The term “personal representative” is also how Minnesota law refers to this person. The terms “executor” or “executrix” are not used in Minnesota.
This personal representative is also referred to as “the executor, administrator, successor personal representative, [or] special administrator” of a deceased person’s estate.
Duties and Powers of the Personal Representative
The duties and powers of the personal representative are defined in Minnesota Statutes Sections 524.3-701 to 524.3-721. It is the personal representative’s job to settle and distribute the deceased person’s estate. The personal representative must follow the instructions of the Will and/or the Minnesota intestacy laws if the deceased person did not have a Will. The term “intestacy” means that the person died without a Will. Different laws are applied in “intestacy” estates versus estates where the deceased had a Will.
The personal representative is also required to perform his or her duties “expeditiously and efficiently as possible while at all times acting in the best interest of the estate.” It can be a big problem when the personal representative does not properly do his or her job. Except as is differently stated in a Will, every personal representative has the right to take control of the deceased person’s possessions, property, and debts. This will enable the personal representative to administer the deceased’s estate.
Foremost, the personal representative has a serious duty to look out for the best interest of the estate while simultaneously realizing that the estate there for the benefit of the heirs, devisees and any creditors. The estate is not there for the benefit of the personal representative. In fact, in the opinion of the Minnesota probate attorneys at the law firm, the job of the personal representative is often thankless and not much fun at all.
Powers of the Personal Representative
The personal representative must pay taxes on and take all steps necessary for the management, protection, and preservation of the estate. Failure to do so may result in personal liability for the personal representative.
Until the estate is closed and the court allows the estate to terminate, the personal representative has the same power over the title to property belonging to the estate as the deceased would have had. However, it is extremely important to remember that the personal representative is a “fiduciary” for the other heirs, devisees, and creditors of the estate. Please keep reading different articles on this website if you have questions about what those terms mean. Or, please contact the law firm to discuss your case.
Free Initial Consultations
Contact the Flanders Law Firm today. The firm offers free consultations to all potential clients. Call the firm at 612-424-0398.
“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:
Petitioning to Become an Executor of an Estate
The Benefits of Bypassing Probate Through The Small Estate Exception
What is a Personal Representative?