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Intestate in Minnesota

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Bergkin

Junior Member
My grandmother lives in Minnesota and doesn't have a will. She has three daughters, one of which is deceased. The two surviving daughters are co-conservators, co-guardians of my grandmother. Their relationship is strained and ineffective at dealing with their responsibilities.
Two questions:
1. When my grandmother passes away, her two daughters have priority in becoming administrators of my grandmother's estate. What is the likelihood that the court would approve appointment of the eldest grandson as administrator instead? How would this be accomplished?
2. Does the deceased daughter's estate (she had two children) have any inheritance rights?What is the name of your state (only U.S. law)?
 


anteater

Senior Member
1. When my grandmother passes away, her two daughters have priority in becoming administrators of my grandmother's estate. What is the likelihood that the court would approve appointment of the eldest grandson as administrator instead? How would this be accomplished?
If one or both of the surviving daughters survive grandmother and apply to administer the estate, I rather doubt that the court would appoint a grandson. The grandson probably would need to provide some pretty good evidence that the daughters were "ineffective at dealing with their responsibilities." You would need an attorney in MN with probate experience to give an opinion on the odds of the court bypassing the daughters.

2. Does the deceased daughter's estate (she had two children) have any inheritance rights?
Since the daughter predeceased, it isn't her estate that stands to inherit. Under intestacy, her two children take her share.

524.2-106 Representation.
(a) Application. If representation is called for by this article, paragraphs (b) and (c) apply.

(b) Decedent's descendants. In the case of descendants of the decedent, the estate is divided into as many shares as there are surviving children of the decedent and deceased children who left descendants who survive the decedent, each surviving child receiving one share and the share of each deceased child being divided among its descendants in the same manner.
 
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JETX

Senior Member
When my grandmother passes away, her two daughters have priority in becoming administrators of my grandmother's estate. What is the likelihood that the court would approve appointment of the eldest grandson as administrator instead? How would this be accomplished?
First, there are NO 'priorities' as to who might be appointed administrator.
Any person, even not related, can apply to execute the estate... and the court will consider whoever

Does the deceased daughter's estate (she had two children) have any inheritance rights?
Under Minnesota intestate laws, YES. The key word is 'representation'.

Here is the applicable statute:
524.2-103 Share of heirs other than surviving spouse.
Any part of the intestate estate not passing to the decedent's surviving spouse under section 524.2-102, or the entire intestate estate if there is no surviving spouse, passes in the following order to the individuals designated below who survive the decedent:
(1) to the decedent's descendants by representation;

524.2-106 Representation.
(a) Application. If representation is called for by this article, paragraphs (b) and (c) apply.
(b) Decedent's descendants. In the case of descendants of the decedent, the estate is divided into as many shares as there are surviving children of the decedent and deceased children who left descendants who survive the decedent, each surviving child receiving one share and the share of each deceased child being divided among its descendants in the same manner.

 

Bergkin

Junior Member
First, there are NO 'priorities' as to who might be appointed administrator.
Any person, even not related, can apply to execute the estate... and the court will consider whoever

[/B]
In Minnesota Statue: 524.3-203 it appears that there is a priority, indicating that the two daughters and two grandchildren of the deceased daughter would take priority over any other grandchildren.

524.3-203 PRIORITY AMONG PERSONS SEEKING APPOINTMENT AS PERSONAL REPRESENTATIVE.

(a) Whether the proceedings are formal or informal, persons who are not disqualified have priority for appointment in the following order:

(1) the person with priority as determined by a probated will including a person nominated by a power conferred in a will;

(2) the surviving spouse of the decedent who is a devisee of the decedent;

(3) other devisees of the decedent;

(4) the surviving spouse of the decedent;

(5) other heirs of the decedent;
 

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