Legal Question in Wills and Trusts in Minnesota

What is considered as

My mother lived with us the last 4 1/2 years, she recently died. No will, no property, I was on her checking account, she left a small policy from a benefit society to me and also has a few US Savings bonds with my name as POD. Do I need to file probate? Are these items considered as her estate? Because of these items she left me, can credit card companies come after that money?


Asked on 7/11/08, 9:45 pm

1 Answer from Attorneys

David Kelly-952-544-6356 Kelly Law Office

Re: What is considered as

I doubt that you need to file any probate proceeding. The only reason to file probate is if you come out ahead on the deal.

As long as there is no probate estate, creditors have no place to file claims and are SOL.

Take what assets you can find and run.

But first, just to make sure, do a face to face consult with a lawyer. It would be a good idea. You can't get all the details into a question on a forum like this.

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Answered on 7/12/08, 3:14 pm


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