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Minnesota Estate Law

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mjgrams

Junior Member
Minnesota

My father in law passed away about a year ago.

We have some of his equipment including a Bull Dozer, Excavator, and a Farm Tractor on our Farm Place...he stored it there. Mostly junk but none the less part of his "estate" I'm told.

His widow is coming after my wife and I to pay some bills he/she had jointly...she co-signed some loans with him. She has since paid all these loans off with Life Insurance money she recieved.
Now she wants reimbursement for...
His Funeral Bill, 2 Bank loans - cosigned by her, and a Credit card he had in his name alone.

What is she legally entitled to?

Thanks,
Mike
 


Some Random Guy

Senior Member
What were the bank loans for? You say they were cosigned by her, but who was the main signer, the father in law? Did you or your spouse benefit from these loans (mortgages, equipment loans, etc)?
 

mjgrams

Junior Member
Value is round $6000.00 total and the loans were for "business" allegedly. Though he did NOT claim any of this on income taxes. Father in law was main signer and she was cosigner of these loans and no we did in no way benefit from these loans.
 

anteater

Senior Member
When you have two "she's" floating around - wife and mother-in-law - in your post, it becomes confusing. Who received the life insurance? And who paid off the loans?

We have some of his equipment including a Bull Dozer, Excavator, and a Farm Tractor on our Farm Place...he stored it there.
When someone shows up with letters testamentary showing that they are the personal representative of FIL's estate, say to them, "There's FIL's equipment. Take it away. It's all your's."

Now she wants reimbursement for...
His Funeral Bill, 2 Bank loans - cosigned by her, and a Credit card he had in his name alone.
There's that "she" and "her" again. You mean MIL wants reimbursement from your wife and you? Under what theory?
 

mjgrams

Junior Member
Sorry...forgot I was talking with Attorneys here. Words and the order they are in mean something! Kidding.

The Tractor is really my concern here...please read on...

My FIL had some equipment (Bulldozer, Excavator, and a Farm Tractor) but we already knew that...
He (FIL) had loans unpaid upon his death, these loans were co-signed by his wife...now widow. These loans were secured by again, the above mentioned equiment. The loans were allegedly for repairs (so his widow says) for the above mentioned equipment. There is NO mention of what these loans were for on the loan papers themselves. Generic personal loans from what I can see.
She received Life insurance payment upon his death and used Life insurance funds to pay off ALL above mentioned loans. Now she wants reimbursement from his estate (which really amounts to nothing but the above mentioned equipment) Junk for the most part to be completely honest.

But I have Great Use for this Tractor! Tractors DO NOT have Titles as do automobiles.

Now...
The above mentioned Farm Tractor I had purchased from him via Horse Boarding fees (FIL once had Horses on my/his daughter's place) THIS WAS A GENTLEMAN'S AGREEMENT - I would keep the Tractor after his death and he would pay me NO cash for Horse Boarding. That was our (FIL and myself) agreement. Unfortunately, I have no REAL proof of this Gentleman's Agreement other than a friend and a few relatives that heard my FIL/myself talking about it.

Sounds like she's entitled to ALL above mentioned equipment but what about our gentlemen's agreement on the Tractor...does that hold up at all or am I just out a Tractor and fees otherwise owed me by my past FIL??? That is really my big concern. Does the widow really have rights to just take the Tractor from me even after my FIL and I agreed that it was to be mine for Boarding fees unpaid by himself (FIL)???

And...
There is a Will involved that states ALL the above mentioned equipment was to go to my spouse (his daughter) but that Will now means nothing that there was debt secured by the above equipment???
This Will WAS signed by my FIL and his widow and a couple witnesses. This WIll was done before he even found out he had terminal cancer. This Will means nothing because of this debt FIL/widow had?

So I'm out a Tractor and Horse Boarding Fees?
 

curb1

Senior Member
Your "gentleman's agreement means nothing. Oral contracts usually expire within a year (if it approached an oral contract). From the information you have given, the tractor belongs to the widow.
 

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