Legal Question in Wills and Trusts in Minnesota
Contesting a Will
Obtaining info for my mother-in-law. She is an only child living in Indiana. Her father who lived in Minnesota passed away 2 weeks ago. Was told a niece who lives in Minnesota was checking in on him almost daily before his death. Upon his death this niece reported there is no will but 2 days later said she had one in the grandfathers safe deposit box at her house. The will supposedly left all to 10 people composed of 9 nieces and nephews and 10% to my mother-in-law. Question, is there a way to get a copy of this will, maybe through Probate Court and what is the time limit to contest a will. We are presently at the mercy of a niece who told my mother-in-law she is the Executor of this will and that she is not allowed to take any possessions from the house for 6 months when it will be sold at an auction. The niece will not let anyone see the will. This niece also had a dumpster brought and starting cleaning out the house. My mother-in-law is mentally drained over this and not sure where to go first for help. Thank you.
1 Answer from Attorneys
Re: Contesting a Will
Before anything can be contested, the will has to be filed with the probate court and a probate proceeding started. Your mother-in-law should be notified when this happens. The notice should tell her what the time periods are for making claims or objections.
It would be a good idea for your mother-in-law to telephone the probate court in the county where her father lived to check on what has been filed. Once the will has been filed, she can request a copy of it - for a fee of course.
It would be a very good idea for your mother-in-law to at least consult a Minnesota lawyer. I would be available to do that by phone. My fee for the consult would be $100.
This response does not create an attorney-client relationship and is for general information purposes only.
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