Legal Question in Wills and Trusts in Minnesota
Assets to non-spouse ''friend''
My father recently passed away and we learned that he setup a life insurance policy for $50,000 and payable on death savings bonds to a woman that is not my mother. This person is a ''friend'' of his and has been for over 50 years. While it is hard enough to deal with his sudden passing finding out he left assets for someone other than my mother is extremely frustrating. My mother does not know about the other woman and of the assets my father left for her. So here are the questions I have:
Does this woman have a legal claim to the assets? If so, can she obtain these assets without a certified death certificate?
Does she need my mother's permission to obtain a death certificate to claim the life and POD savings bonds?
Does my mother have any legal recourse to stop the other woman from obtaining these assets?
1 Answer from Attorneys
Re: Assets to non-spouse ''friend''
Based on what you say in your question, it seems very unlikely that your mother can do much to stop the "friend" from claiming the assets. However, your mother should consult a lawyer and go over the story in extreme detail. Aspects of the situation which you may have not mentioned could make a difference.
For example, if there was a possibility of undue influence perhaps your mother could do something. Undue influence means that at a time when your father was vulnerable or ill, this woman took unfair advantage of him.
Anybody can get anybody's death certificate. They are public record. There's nothing your mother can do to block that.
This response is for general information purposes only and does not create an attorney-client relationship. You should seek the advice of the attorney of your choice concerning the details of your case.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
