MN Probate Law

What is the name of your state?What is the name of your state? Minnesota.

I was told that the time allowed to settle an estate in Minnesota is 18 months. Can you confirm this for me?

If that is the case, what recourse, (if any,) does my Mother have to enforce the estate to be settled? She is an heir of her Fathers estate in which the probate was filed back in Nov. 2002. Even after several request to the attorney over seeing the estate, has never received an accounting of the estate.

We appreciate any insight that you could give us.

After a cursory review of the Minnesota Probate code I could find no such two-year limitation on estates. In fact, I would find it very strange since some probate cases can last more than 10 years.

If you'd like to study the statutes yourself, they can be found here:

http://www.revisor.leg.state.mn.us/stats/524/

Otherwise, why haven't you hired an attorney to demand an accounting of the estate?

What is the reason for delay in closing the probate?

The Personal Representative, which is my Mom's brother, seems to be dragging his feet. (He moved into my Grandfather's house after he died. (Why settle when you can live off of the estate for a few years?)

There was additional property in Texas that was involved. My Mom hired an attorney, at her own expense, to assist with the deeds and transfer of property to the estate. That attorney was very helpful and expeditious with matters. The problem always seems to come from the P.R. and his attorney. It's amazing how the entire world can correspond via email, fax, overnight mail and the US Postal Service, but the papers that they "supposedly" mailed out never arrive.

We have talked to an attorney in Minnesota, but told us that we can't do much until they provide an account of the estate. That's what we have been trying to get! We just feel like our hands are tied. I even emailed the Court Administrator in that county to try to get more information. She is the one who told me that the time allowed to settle an estate is 18 months in Minnesota.

Is there anything that we can file with the courts to enforce the stautes 524.3-706, stating that within nine months after the death of the decedent, the P.R. shall prepare and file an inventory of property? Or must this be done through an attorney? If that is the case, why would the attorney that we talked to be reluctant to request an accounting? I swear it's like some "good old boys" club up there!

Thank you for your help.