Legal Question in Wills and Trusts in Minnesota

Death of Fiancee

My fiancee died unexpectedly on May 15th. I didn't think he had any living siblings but his adoptive mother was located. She signed a form and released all rights for me to have him cremated and then I received his death certificates and remains.

Question - What form do I need to complete to be appointed his executor? His estate is not being probated as there isn't any assets to probate but I would like to get his medical records. I also have creditors asking for who is the executor.

Is 'power of attorney' the same as 'executor'? If not, what is the difference?


Asked on 7/10/09, 9:18 am

1 Answer from Attorneys

Adam Kaufman Jensen Sondrall & Persellin, P.A.

Re: Death of Fiancee

You need to petition the Court to be appointed as the Executor.

You didn't mention a Will, but if there was one it would state in there who he appointed as Executor.

A Power of Attorney is granted during a person's lifetime. An Executor handles someones estate after they have passed away.

If you need any assistance please let me know.

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Answered on 7/13/09, 9:23 am


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