Legal Question in Wills and Trusts in Minnesota

Family members rights to estate accounting

Do family members have any right to demand an accounting of a decedent's estate? If a close relative passes away and due to geographical distance and poor relationships with surviving family members, a person is not informed of the existence of, or contents of a will, are there any actions which can be taken to ensure that proceeds were distributed equitably? In this case it has been a year and no probate case has been filed in the county of residence.


Asked on 9/22/01, 11:20 pm

2 Answers from Attorneys

Melvin Peterson 763-424-6442

Re: Family members rights to estate accounting

If the estate has never been probated, it is difficult to find out what

happened to the estate.

If real estate was involved, you could probably check the county recorder's

office to check

how the real estate was transferred. If the decedent had bank accounts or

CD's or stocks,

they could have been in joint tenancy with another person or payable on

death to the

other person, and many times banks, etc, will not have you information.

You could

request whom ever was involved with the relative to account, but they may

not agree to

do that. One way to find out would be do to a special administration for

the purpose of

searching for assets and determining where the assets went (by getting

records from the

bank, etc.), but there is cost involved with this procedure, and you would

have to determine

if there are enough assets to offset expense.

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Answered on 11/15/01, 4:52 pm
Sanford Martin Martin Law Office

Re: Family members rights to estate accounting

In Florida the last will should be filed with the Clerk of Courts in the county of residence within 45 days of the date of death. If the property (estate) is of such nature and magnitude to require probate, a petition must be filed with the court for administration, requesting the appointment of a personal representative to administer the estate consistent with the will. Next of kin and beneficiaries or heirs should be given notice of probate proceedings. An inventory of estate property is required to be filed and noticed to interested parties. Therefore, based on this outline, you may wish to discover if a will has been filed, whether probate is necessary, etc. You are advised to engage an attorney in or near the county of residence to represent your interests.

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Answered on 11/06/01, 6:01 pm


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