Legal Question in Wills and Trusts in Minnesota

How to divide Personal Property
My Mother is 80 years old and has major health problems.
I have (3) sibilings and (1) passed away in 1998. My Mother has signed ownership of her home after she passes to myself and my other surviving sibilings. Other than her home she only as minor household property and a vehicle. Our Attorney has told us that (my deceased sister's two children) are no longer entitled to my Mother's home because of transfership, but are still entitled to a share of the personal property and vehicle.

How do we split this with the my deceased sister's two children? Do we sell everything and give them their share or what? Do we need a non-partial person to keep track of what her personal possessions are and the value?

Asked on 11/02/04, 4:16 pm

2 Answers from Attorneys

David Kelly-952-544-6356 Kelly Law Office

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Re: How to divide Personal Property

It would be worth it to go back and ask the attorney you consulted, or at least telephone that attorney concerning this question. Get detailed advice and follow it closely.

The short answer to your question is that it is up to you. Whatever works best given the nature of the personal property. For example, if a car is involved, it's pretty hard to divide that equally - better sell it and divide the proceeds. You would be well advised, however, to obtain a receipt from those to whom you distribute property, and the receipt should include language releasing you and your other family members from any further claims involving your Mother's death. Your attorney could help you with this.

Answered on 11/03/04, 4:59 pm

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