Legal Question in Wills and Trusts in Minnesota

Re: Estate Distribution to a DEAD Person?

The first issue here is what makes you think you have any claim against the estate at all? Unless you were remembered in a will, or unless the step parent adopted you, there's no law that gives you inheritance rights against a step parent.

So unless you can come up with some inheritance rights, it makes no difference to you who is claiming against the estate.

If there is no will, inheritance rights are determined by statute. I would have to look at the statute to make sure, but if I recall correctly it's determined by who was living at the time of death - so the daughter's estate would probably have a claim.

If there's a will, it should clearly state whether an interest ends if the intended recipient died. Get a copy of the will and look at it - the answer will be there. These legal documents are sometimes preety hard to figure out, and bringing it to a lawyer could be a really good idea.

If there is no will, I can't see where you would receive anything in any event, so you might as well not worry about it.

Good luck.

This response is for information purposes only and does not create an attorney-client relationship. You are advised to consult the attorney of your choice concerning the details of your case