Legal Question in Wills and Trusts in Minnesota

No Will & remarried

My parents divorced 16 years ago. My father has since remarried. I have one sibling. My father has has one step-daughter and one step-son. He recently mentioned to me that he has no Will. He is quite well to do and I am concerned about what will happen to his estate if he should pass away with no Will in place. Do my sibling and I have any rights to his estate? We all live in Minnesota.


Asked on 1/16/07, 10:57 am

2 Answers from Attorneys

David Kelly-952-544-6356 Kelly Law Office

Re: No Will & remarried

You have not provided enough info for me to say much definitively, BUT:

Your father is irresponsible and maybe a bit crazy to be in a situation like that without a will. You and your sibling could easily and very likely receive nothing from the estate or very little.

His wife, who would have more to gain, is probably not going to like the result either. Even if the house is joint, and even if your father thinks he has pay on death clauses on all his accounts, a will provides a good backup plan.

Some of my best customers for wills are those who have had family members die without one.

You can't make him do it. It's up to him. But talk to the man.

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Answered on 1/16/07, 11:31 am
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: No Will & remarried

Without a Will, the distribution of any estate assets would be determined based on Minnesota's intestacy laws. That is not an ideal situation since the decedent loses all ability to determine how assets will be applied.

Your particular rights are difficult to determine without knowing much more. However, one thing is certain, your father should have a Will. This is generally a relatively inexpensive process that could save thousands of dollars later related to determining asset allocation in a probate proceeding.

For a consultation have your father call uus at 952.746.2153

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Answered on 1/16/07, 12:06 pm


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