Can Bro get away with it? Mom died intestate.

[SaddenedKid]

Are there any Minnesota laws that apply to how the personal property is disposed of that belonged to my deceased Mom? She died 9 months ago intestate, so my estranged brother finally told us. She had no pensions, no IRA's, and no real estate. She had an apartment full of personal belongings. At one time Mom had stocks.
My brother was jointly on her checking account, taking care of her bills for the last 10 years. My brother says there isn't anything except the personal property. He is keeping it and giving it away to others. My requests are ignored. Does the law allow him to handle it this way?

 

[nextwife]

She died 9 months ago intestate, so my estranged brother finally told us.

Mom must have also been estranged, if you were unaware of Mom's death until months later.

What sort of monetary value are we talking here, as to her stuff in the apartment?

 

[SaddenedKid]

The assumption is INcorrect.

Mom must have also been estranged, if you were unaware of Mom's death until months later.
What sort of monetary value are we talking here, as to her stuff in the apartment?

Hi, I was there when she died. I attended the memorial. Mom and I got along fine. I lived hours away and brother lived 3 miles away from Mom. My brother and I are estranged. He will not answer questions. He is evasive. I waited months to be informed about the will, assuming there was one. When it wasn't forthcoming, his email reply was that she didn't have one. My requests for some of the personal property have been ignored. He will not answer questions.

Value of the property? Maybe $5,000. It was all lovely, expensive stuff in good condition, but it is all used. My interest is for memories and not monitary value. What Minnesota laws apply to her posessions?

 

[anteater]

I'll relate to you what a cynical, but wise and truthful, attorney once stated (paraphrasing):

"Unfortunately, for personal property, whoever steals it first usually gets it."

Without a will and surviving spouse, under MN intestate succession, the surviving children (and the descendants of any predeceased children) would share the estate.

But, there is a need to be honest with you. This may be a lost cause. You can't just call the police. They will tell you that it is a civil matter, not a criminal one. You can go down the road of a small estate affidavit, but if your brother basically ignores you, you are going to have one heckuva time.

This website has info on MN small estate:

http://smallestates.uslegal.com/affidavits-and-summary-administration-laws/minnesota-small-estates-general-summary-law/