Legal Question in Wills and Trusts in Minnesota

probate

my brother has left his entire estate to me in a legal will. He has passed away. Can my brothers and sister file suit to seek some of his wealth?


Asked on 9/02/07, 11:13 am

1 Answer from Attorneys

David Kelly-952-544-6356 Kelly Law Office

Re: probate

Not without some specific grounds, such as undue influence. If your brother was so sick he didn't know what he was doing and you took unfair advantage of that, maybe they would have a case. Such things are hard to prove, however.

Another way they could come after you is if your deceased brother owed them something. Then they could file a claim agianst the estate for the debt. Here'a an example. A few years ago I represented a daughter-in-law who took care of her mother-in-law while the mother-in-law was dying. Daughter-in-law was left nothing in the will, but she filed a claim for the value of her services in caring for the deceased woman in the last two years of her life. The court approved her claim in the amount of several thousands of dollars.

If there is nothing like any of this going on, maybe you are in the clear. In any event, you need the help of a competent lawyer with this. Don't try to handle it on your own.

This response is for general information purposes only and does not create an attorney-client relationshiop.

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Answered on 9/02/07, 9:12 pm


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