Legal Question in Wills and Trusts in Minnesota
died @38 with out a will and just divorced
My brother died with out a will. He was just recently divorced and his ex got custody of the two kid's. He had a house and a trust from when his father pasted away. She was also to give him half of her 401K wich she did not do before he died. She is now looking at probate to take over his estate. My question is can we keep her from taking this. We want to make sure it goes in a trust for the kid's. We are his brother/sisters.
1 Answer from Attorneys
Re: died @38 with out a will and just divorced
This story might be a good example of why it is important to have a will.
Here's what it sounds like to me. His heirs at law, the folks who inherit when there is no will, are his children. They are under age, and their mother is their guardian. So by virtue of being the guardian of the only heirs, she is in the driver's seat.
I see the problem. I don't clearly see a solution. You make reference to a trust which apparently already exists? There are plenty of variables which could make a difference and which are not easy to put into a question on a site like this.
Your best bet is to find a competent lawyer - like me - and do a face-to-face consult.
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