Legal Question in Wills and Trusts in Minnesota
probate/will
My mother was told by a now deceased male friend that she would be taken care of if dies.The man hated and had no relationship with his sole surviving son and upon his fathers death disposed of car, property etc. My mother was never called to a reading of the will. SHe called the lawyer that had the will and he told her even if she was in it the family can say whether or not she could recieve anything? Is that true? It has been 5 1/2 years since the death and the man has unclaimed property securities in the state of MN.
Can that lawyer give her a copy of the will or tell her if shes in it? She took care of the man for 15 years.
1 Answer from Attorneys
Re: probate/will
First, run, do not walk to the nearest lawyer. An attorney will need to know many more of the facts, but your mother may have a claim against the estate of the decedent and may be able to Petition to be appointed Personal Representative of the estate, if indeed she is a creditor of the estate/decedent. I have not researched the Statute of Limitation issue concerning your mother's potential claim, but she can NOT afford to wait any longer. If there is a "valid" will and your moher is named in it, then she would be entitled to receive what the will provides. Finally, as you well know, if the estate's/decedent's available assets are limited, then no amount of legal assistance will benefit your mother. Your mother's situation is again an example of why individuals should take care to put there desires into legally binding Last Wills and Testamants and most importantly share this information with the people they intend to benefit.
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