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Confused about settling an estate

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cthompso

Junior Member
What is the name of your state (only U.S. law)? Minnesota
I have several questions? First of all, when or what does it mean to have the will is read? Do adult children have rights when it comes to settling an estate? If the surviving spouse does not want to meet with the children and an attorney to discuss the will, what can the children do? And lastly, who is the responsible party to put a will into probate? How can the adult children find out why the estate is in probate if the surviving spouse is not cooperating?
 


rowz

Member
The adult children have the right to go to the County Probate court in the County where the decedent died and ask to review the probate file.

The "reading of the will" is something that is only in the movies and novels. The surviving spouse is under no obligation to discuss the terms of the will with any of you.


Googling "Minnesota probate procedures" may result getting you some helpfull info until you can get to the probate court and review the file. The Will will be there.

If there has not been a will filed with the Court, then ask for the papers to fill out so YOU or another of the siblings may open probate. You will need a certified copy of the death certificate to do so.

THEN....if you do not like what you see, have the court clerk make you a copy of the will, and go find an attorney that will review those with you and render their advice.


Good luck
 

nextwife

Senior Member
Do you have any idea what sort of assets the decedent may have owned, that would not have been jointly held with her husband? In my work, I come across a great number of decedents that simply have no assets of any consequence besides their home. And their home usually goes to their surviving spouse, if any. The will will only matter if there are assets to distribute. Did she bring assets to her current marriage? Work outside the home premarriage or during the marriage and accrue accounts that were not joint with her husband?
 

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