Legal Question in Wills and Trusts in Minnesota

Court order with incorrect police report

How do we go about getting a court order recinded that was put in place with a police report that had incorrect information on it?

My step father committed suicide. My mother was living in florida and was still married to him. With all i have been told she is next of kin in this case. The coroner says so, Police say so, Cremation society says so. She is away on business and can not return to MN until mid august. The deceased's sister went to court with a police report that said they were divorced and got an injunction that allowed her in the house where he was living. She took all the valuables out of the house and has returned to her home out of state. What type of legal recourse do we have? From what we have been told she has no right to anything even though the court gave her this court order. I proved to them this morning they were wrong and they basically said oh well... What's next??? HELP!!! The sister was asked to stay away until the house could be cleaned and the next of kin could return to mn...


Asked on 7/25/03, 11:30 am

1 Answer from Attorneys
Cathy Wagner Cathy A. Wagner, P.A.

Re: Court order with incorrect police report

Unless the sister used the police report to fraudulently obtain appointment as the personal representative of your step-father's estate, the incorrect police report is not significant.

If the sister took assets to which she was not entitled, she committed theft and will have to return the items. Of course, the process of getting those items back may cost more than the items are worth.

From the facts presented in your question, it appears that your mother is the person with the most right (highest priority) to be appointed personal representative of the estate. She should contact an attorney in Minnesota to explore the situation in detail.

Your question does not provide enough details for me to give you a definitive opinion about how to proceed. If you would like to speak to me to explore the facts a little more, you may call me at (763) 428-8973. I don't generally charge for initial telephone consultations.

Cathy A. Wagner

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Answered on 7/26/03, 2:15 pm


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