Legal Question in Wills and Trusts in Minnesota
Property ownership upon a death of a spouse
My step-father recently passed away, and I have a question regarding some property owned by my mother and step-father. I read that in Minnesota, any propery that is in my step-fathers name only may be up for grabs by his children. I thought this propertry would automatically become the property of my mother. My mother went ahead and had the titles of a boat, a car, and a mobile home transferred into her name, where before it was in his name only. Is this a problem? None of these items are mentioned in the will, and his children (one of them is the executor of the will) are harrassing my mother over property. Also, is harrassment a suitable reason to contest someone being an executor?
Thanks.
2 Answers from Attorneys
Re: Property ownership upon a death of a spouse
While this answer will not be immediately helpful, you should immediately engage the services of a qualified estate attorney in the county where he lived. This way you can receive proper advice and also be in a position to enter in the probate proceeding should that be deemed to be appropriate.
Re: Property ownership upon a death of a spouse
The lawyer from Colorado is right - you need a Minnesota lawyer here.
The part about your mother being able on her own to transfer title to a boat, car and mobile home doesn't sound right to me. Unless it was joint, she should not have been able to do that. Some of your info might not be right.
"Harassment" is a term lots of people throw around and assume I'm supposed to know exactly what that means. Is it phone calls, letters, burning a cross in the yard, what? Makes a big difference.
There are certain allowances that a wife is entitled too, and if the will does not provide the allowed items for her, she may be entitled to challenge that will.
She needs a lawyer - Law Guru is OK, but she needs lots more than Law Guru.
She could call me at 952-544-6356.
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