Legal Question in Real Estate Law in Minnesota

Family Heirloom Property

My grandmother, whom is deceased, acquired a significant amount of property in her lifetime in this state. While we were growing up, she reminded family members that her hard work and efforts acquiring and keeping the properties were for all of us.

When she became unable to care for herself, and mentally incompetent, my father and his wife (stepmother) took over the properties. My grandmother finished out her years in a Nursing Home in the state of Washington.

Since that time, my father now has developed Alzheimers. He and my stepmother live in Washington. There are several of my grandmother's biological family members still residing here in Minnesota. My stepmother has taken it upon herself to begin selling these properties with no mention of it to any of us, or what she's doing with the profits. She still has my father in her care in their home. My father is incompetent of making any decisions.

Is there any legal action that biological family members can make regarding this before all properties are sold? Do we have and rights, or actually, what rights does she have? How do we go about finding out? If we do have rights, how do we proceed?


Asked on 12/13/02, 9:11 pm

1 Answer from Attorneys

David Kelly-952-544-6356 Kelly Law Office

Re: Family Heirloom Property

Your grandmother's intention by itself, without specific action to arrange her affairs in a way that her intent would be carried out, means very little. There may not be much you can do.

You could check the county probate courts in the county where she (grandma) lived at the time of her death, and also in the counties where she owned the property. See if there were probate proceedings and what took place in those proceedings.

You can also check the County Recorder offices (assuming you mean real estate when you say "property") in the counties where the property is, and see who owns the land now and what the history of the property is.

An attorney could investigate this for you. It would cost you some money and there would be no promise of success.

Good luck.

This response is for general information purposes only and does not create an attorney-client relationship. You are advised to consult the attorney of your choice concerning the details of your case.

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Answered on 12/16/02, 11:10 am


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