Legal Question in Wills and Trusts in Minnesota
Death without children or spouse and no will
My sister passed away last week in Minnesota she had no will and no spouse or children and owned property. We as the family living in Arizona don't know what to do. We don't want to get in any trouble for removing items from her home. She had a considerable amount of outstanding debt recently. Are we able to clean out personal items from her home?
2 Answers from Attorneys
Re: Death without children or spouse and no will
Because your sister passed without a will, her home and bank accounts and other assests will pass under a set of laws known as the "intestacy statutes". In Arizona and most other states, the priority of beneficiaries goes as follows: First to the deceased person's surviving spouse. If there was no surviving spouse, then to the children in equal shares. If there were no children, then to the deceased person's parents. Therefore, in your sister's case, the probate process will consist of paying her creditors and then conveying the remaining assets to your parents.
Anyhow, good luck with your situation. I hope it works out well for your family. Just FYI: My law firm's website has an online weekly newsletter on which we publish many articles and case briefs on these types of topics: http://www.tahanlaw.com/ArizonaProbate
I am only licensed to practice in Arizona (not MN), so I should also include the disclaimer that Arizona follows the majority law that is applicable in most states, and I am not trying to represent you as your attorney.
Sincerely,
Raya Tahan
www.tahanlaw.com
Re: Death without children or spouse and no will
You might be the lawful heirs, but need to consult with a Minnesota attorney and present all the facts.