Legal Question in Wills and Trusts in Minnesota
grandson's rights
My son's father died in 1993. His paternal Grandparents after that stated that my son would recieve his fathers share of their estate. In 1998 Grandpa died-therefore everything went to Grandma(This we knew was the way it was suppose to be) Grandma died this week and one of the Sister's stated that Grandma had no will therefore my son would recieve nothing it would go to the remaining 3 siblings. What can I do to find out if this is true or what to do to make sure that his interests are thought of if the state divides the estate.
1 Answer from Attorneys
Re: grandson's rights
The uniform probate code, Minnesota Statutes Sec. 524.2-103(1)says "to the decedent's descendants by representation..." That means your son's father's children take his share - assuming that the estate is probated.
If the assets are nonprobate assets - such as an account which is joint with someone or real estate which is joint with someone, then the probate code does not control the asset. With joint assets, the surviving joint owner gets it; and there are many other types of non-probate arrangements which could change the result.
But, for anything that has to be probated, your son should be one of the heirs.
Good luck.
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