Legal Question in Wills and Trusts in Minnesota

Accounting of Will

My grandmother died in NY so the will is from NY, however the heirs live in MN. If an heir has a dispute with not receiving and accounting, or what they received what state law will be in affect. NY or MN


Asked on 11/13/07, 2:38 pm

1 Answer from Attorneys

David Kelly-952-544-6356 Kelly Law Office

Re: Accounting of Will

In general it would go by what state did she reside in at the time she died. That's the state that would have jurisdiction.

There are exceptions. If there is an asset such as real estate in some other state, there may be a need for a separate probate proceeding in that state to deal with that particular item. This is called an ancillary proceeding, since it keys off the proceeding in the other state and usually honors the appointment of the personal representative in the first state.

There's no substitute for sitting down face to face with a lawyer to discuss questions like this. You can't get all the proper details into a question in a forum like this.

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Answered on 11/14/07, 3:43 pm


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