Legal Question in Wills and Trusts in Minnesota

Re: wills

If your separation agreement was properly written you may assert a claim against his estate for the $30,000. The filing of a notice in the Surrogate's Court will protect your interests. You may need the help of a lawyer to protect your interest.

Re: wills

It sounds like you may have a fight on your hands. First to have his estate meet his obligation for the insurance amount. Then, you may also have a claim on behalf of the children as well. There is a lot of information you need to get, including the date of the Will, your ex's physical and mental condition when it was written. Your children may have a claim for undue influence by the partner, but many facts need to be first obtained. I strongly suggest getting a good estate lawyer in your area to assist you. Be sure you file a caveat to the Will contesting it, if you have not already done so. This must be done promptly or you could lose your right to the possible claims.

Re: wills

It sounds like you will have a valid claim against his estate for the amount of the insurance policy he was required to leave you. You will need to file a claim with the Surrogates Court where his Will is probated (usually the County in which he resided at the time of his death). There are time limits for filing that claim, so don't delay.

You will probably need a lawyer to do this. You can either have your attorney find a local attorney to represent you, or you can go to www.NAELA.com (National Academy of Elder Law Attorneys) for a listing of local Elder Law attorneys. Make sure you ask the attorney up front what it will cost, and shop around before you select a lawyer. Good luck.