Legal Question in Wills and Trusts in Minnesota

Stepfather trying to creat a trust

My mom passed away a couple of weeks ago. My stepfather attempted to set up a trust for her house before her passing, but, was not successful.

My mom owned the house and refused to put his name on it. (this had been a sore spot in there marriage for 30 years) It has always been her intention to leave the house to her four children, however, she wanted my step father to be able to live in the house until he passed.

Mom also has retirement savings and insurance policies. Stepfather has told us different stories as to whom the beneficiaries are of the investments so I am not sure of that.

He has taken all of her belongings of value and he has been very secretive regarding any of her assets.

He wants us to go to an attorney with him to put the house in trust. He wants the beneficiaries of the trust to be my mothers children and his children.

Two main questions-

What happens to the property if there is no will, his name is not on it? Could she have designated beneficiaries on the deed?

How can we find out about any of her other assets?

We want to help him out and make sure he is taken care of, however, we are sceptical of the way his withholding information and hiding her belongings of value.


Asked on 9/10/08, 8:27 pm

1 Answer from Attorneys

Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: Stepfather trying to creat a trust

As a spouse he is entitled to something, however, I agree that it is suspicious that he is not being forthcoming about her assets. You should probably contact a local probate attorney to help you out with this.

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Answered on 9/11/08, 1:31 pm


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