Change of Venue

[lkj]

What is the name of your state (only U.S. law)? Minnesota

13 years ago my father died. The estate still has not
been through probate. The executor is dragging her feet hoping that
everyone will give up and she keeps the funds. One of my children was due to receive his inheritance this year when he turned 21. There are not extenuating circumstances why this is taking so long. I brought this case to conciliations court in Minnesota and the defendant argued for a change of venue moving to probate court due to the will still being open. No ruling yet this just happened yesterday. Is there a counter to this argument and what is it?

 

[justalayman]

Your other thread painted a bit of a different picture. Here it sounds like probate has not been filed or if so, just recently. If that is the case, then the only person to blame for it taking so long is any involved individual that failed to file to open probate. You didn't need to wait for the one person to open probate


And there is no inheritance at all let alone due until the estate has been subject to probate. Only through the actions of probate can it be determined if there are any distributable assets and to whom they belong.


But anyway, the action you seek is in probate court. Your son is due nothing until the probate is settled and the accounting shows he is due something.