Suing An Estate Executor Without A Will In Minnesota
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Personal representatives (i.e., executors and administrators of the estate) are required to provide beneficiaries and other interested parties (i.e., persons or entities with a financial stake in the estate) with financial information about the estate they are overseeing.
Who Gets What in Minnesota? If you die with:here's what happens: children but no spouse children inherit everything spouse but no descendants spouse inherits everything spouse and descendants from you and that spouse, and the spouse has no other descendants spouse inherits everything4 more rows
The law generally provides that, without a will, your estate will pass to your spouse, if still alive, but in situations where either spouse has children from other marriages, the spouse's share may be less than the entire estate. If your spouse is not alive, your estate will pass to your children in equal shares.
Minnesota law does not set a specific timeline for settling an estate, but it generally should be done as "expeditiously and efficiently as is compatible with the best interests of the estate." Delays can result in additional expenses and even legal repercussions for the executor.
The law generally provides that, without a will, your estate will pass to your spouse, if still alive, but in situations where either spouse has children from other marriages, the spouse's share may be less than the entire estate. If your spouse is not alive, your estate will pass to your children in equal shares.
Spouses usually receive the estate first. If there are descendants, they share the estate with the spouse. If there is no spouse or descendants, parents or siblings are next in line.
The children of the person who has died inherit the whole estate. This applies however much the estate is worth. If there are 2 or more children, the estate will be divided equally between them.
The executor must ensure that the assets are distributed to the beneficiaries ing to the testator's wishes and in compliance with applicable laws. Any deviation from the testator's intentions, with the intent to cheat beneficiaries, would be a breach of the executor's fiduciary duty.
Transfer on Death Deed. For real estate, a transfer on death deed (TODD) that is filed with the county while the owner is alive acts to change ownership of property once they pass without going through probate.
Minnesota law does not set a specific timeline for settling an estate, but it generally should be done as "expeditiously and efficiently as is compatible with the best interests of the estate." Delays can result in additional expenses and even legal repercussions for the executor.
