Legal Question in Real Estate Law in Minnesota

In Case of Death
My father has no will but he does have 66 acres of land that he raises dairy cattle on. His name is on my birth certificate but no signature. I assumed that if he passes the land would go to the government. I was recently told by an financial attorney that it would be divided among his kids. How does that work? Would we be responcable for fee's and such. It's the state of MN and I know nothing about inheritance or legal issues. Can you help?

Asked on 7/10/08, 2:54 pm

1 Answer from Attorneys

Steven Vatndal Law Office of Steven J. Vatndal

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Re: In Case of Death

The first question is how is the land titled? If he holds as a life estate or in joint tenancy with someone else, then the real estate will pass according to the deed. If he is co-tenant with someone else, that person will continue to own his or her share.

If he is sole owner and leaves no will, it will probably pass according to the laws of intestacy (assuming no mortgage, medical assistance, tax or other lien). If his wife survives him and he has no kids other than with her, it all goes to her. If he has other kids they are probably entitled to a share. If she doesn't survive, it is divided among the surviving kids.

I'm not sure what you mean by an unsigned birth certificate, but I'dencourage you to check the official records in the county where you were born (that is where the official birth certificate is probably filed).

Please e-mail me directly if you have further questions:

[email protected]

Answered on 7/10/08, 3:24 pm

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