Minnesota: Why an Inherited House May Not Be a Probate Asset — Can You Make Mortgage Payments to Prevent Foreclosure?
Detailed Answer — Why an inherited house might not be a probate asset, and whether you can pay the mortgage to avoid foreclosure in Minnesota Short answer: A house is not a probate asset in Minnesota when ownership passes automatically by operation of law or by a valid nonprobate transfer (for example, joint tenancy with […]
Read article →Challenging a Sibling’s Use of a Deceased Parent’s Bank Account in Minnesota
What to do if someone is using a deceased parent’s bank account before an administrator is appointed Short answer: If your parent’s account was in their sole name, a sibling who withdraws money after your parent’s death may be taking estate property without legal authority. That can be challenged in probate court or as a […]
Read article →Minnesota: Recovering Sentimental Items from a Sibling During Probate
Disclaimer: This is general information only and not legal advice. For advice specific to your situation, consult a Minnesota probate attorney. Detailed answer — how possession and return of personal (sentimental) items is handled in Minnesota probate When a person dies, Minnesota law puts the decedent's property under the control of the probate court and […]
Read article →Minnesota: Posting a Bond for an Administrator in Intestate Probate
Bonds for Personal Representatives in Minnesota Intestate Probate Short answer: Minnesota courts generally expect an administrator (personal representative appointed when there is no will) to post a fiduciary bond unless the bond requirement is waived in writing and the court approves the waiver. Interested persons can agree to waive a bond, but the court has […]
Read article →Minnesota — Enforcing or Disputing an Oral Agreement to Divide Wrongful Death Proceeds
Disclaimer: This is general information only and not legal advice. For advice about a specific situation in Minnesota, consult a licensed attorney. Detailed Answer Oral agreements about dividing proceeds from a Minnesota wrongful death recovery can sometimes be enforced, but enforcing or disputing them depends on several factors: who made the agreement, whether the agreement […]
Read article →How to Apply to Serve as Administrator of an Intestate Estate in Minnesota
Overview This article explains, in plain language, how someone in Minnesota can apply to serve as the administrator (personal representative) of a deceased parent’s estate when the parent died without a will (intestate). It outlines the usual steps, who has priority to serve, what documents you will need, and when you should consider getting help […]
Read article →Minnesota — Selling an Estate House Facing Foreclosure When a Co-Administrator Refuses to Sign
Disclaimer: This information is educational only and not legal advice. Laws change and facts matter; consult a Minnesota probate attorney before taking action. Detailed Answer Quick overview If an estate-owned house faces foreclosure and a co-administrator (co-personal representative) refuses to sign the sale documents, the other co-administrator has several routes: negotiate with the co-administrator, get […]
Read article →Minnesota — Court Approval to Release Estate Funds When Distributions Are Disputed
How to Get Court Approval to Release Estate Funds When Beneficiaries Disagree Overview: This article explains how a personal representative (executor or administrator) or an interested person can ask a Minnesota probate court to approve the release of estate funds when there is a dispute about how the money should be split. Disclaimer: This is […]
Read article →Minnesota: Filing a Deceased Parent’s Will When an Heir Refuses to Produce the Original
Can you get a deceased parent's will into probate if someone is withholding the original? Short answer Yes. In Minnesota you can start probate even if the original will is being withheld. You have several paths: (1) ask the court to order the holder to produce the original (subpoena or court order); (2) ask the […]
Read article →Minnesota: Do leftover home sale proceeds go to a dad’s will? — Estate distribution FAQ
How sale proceeds from a parents' home are treated in Minnesota estates Short answer: It depends on who owned the house and how title was held. If the house was part of your dad’s probate estate (owned solely by him or by his estate), the net sale proceeds (sale price minus mortgage, liens, closing costs […]
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