Legal Question in Wills and Trusts in Minnesota

Re: verbal wishes not specified in will

The short answer is probably not.

The longer answer is that there is a whole body of law on how to challenge a will. Top of the list for reasons is undue influence - the person was not thinking straight and was being taken advantage of when they signed the will.

Another reason would be ambiguity in the will - some of the language is capable of being intrepreted more than one way.

There are even some cases where the courts have admitted evidence to show that the person meant the will to say something that it doesn't, even though the language is not ambiguous.

Another theory: he made gifts of certain things while he was still alive - so that those things are no longer part of the estate and the will does not control them. Sounds as if you may have some facts to support this idea.

It usually comes down, however, to what did he mean when he did the will. If he changed his mind later but did not change the will, you are probably out of luck. It sounds as if that's what happened.

I would be glad to consult with you about this. Some seemingly small circumstance could make a big difference. My consult fee: $150.

Good luck.

Re: verbal wishes not specified in will

If your mother was the beneficiary in the will and on the insurance, you probably are not entitled to the assets, even though your uncle may have verbally wanted you to have certain things. There would have to be good reason to challenge the will, and even then, assets that have a designated beneficiary are usually not included in the estate and would still go to your mother. Did your mother have power of attorney over your uncle? Did she change any beneficiary designations or was she instructed to do this? Your uncle needed to change his will or change the beneficiaries on his assets. Verbal wishes often are not followed.