Legal Question in Wills and Trusts in Minnesota
Filing for unclaimed property of deceased when no will exists
One year after my mother passed away, we discovered that my mother has unclaimed property in MN. My mother died virtually pennyless, without a will, testimony, or estate of any kind. Filing on her behalf, the state requires a certified owner's will, letters of administration or letters of testimentary. We don't want to open any probate on her estate because she didn't have one. What do we do??? The claim item in question is a demutulalization something or other from Metlife from life insurance policies she opened on her and my two sisters. They are all in my mother's name as owner. She had one for me too, but placed it in my name as owner. I am asking on behalf of my sisters and with their permission. Thank you for your assistance.
1 Answer from Attorneys
Re: Filing for unclaimed property of deceased when no will exists
If the asset you want to claim is worth more than $20,000, the only way I know to claim it is to do a probate proceeding. If the person has been dead over three years, however, there is a summary process for a decree of descent that can be done to get a court order - usually without even a hearing.
If the asset is less than $20,000 you are in luck. There is an affidavit form that can be used without going anywhere near the courthouse. This affidavit is provided for in Minnesota law so that if the asset is here in this state, you should be able to use it.
I would be glad to help you prepare one of these affidavits or whatever else it takes. You can find my contact information at http://www.kelly-law.com.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
