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Will question

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What is the name of your state (only U.S. law)? Minnesota
I have a friend in MN (I live in IA) who has health issues and his days may be numbered. He said he is "a complete ward of the state." He lives in a small apartment in a large apt bldg. He doesn't have much of value, but what few things he does have with some monetary & sentimental value (some guitars/amps, guns) he wanted me to see to it that certain old friends back home recieved when he dies. He wanted me to be the executor of his estate, of sorts, which I agreed to without giving it a lot of thought.
His immediate family and he have been estranged for many years, and it's unlikely any of them would intervene to acquire anything he has if he dies. I am not related.
He doesn't have an official, notarized will -- only a paper which looks like a generic form, headed, "TANGIBLE PERSONAL PROPERTY LIST OF..." Then it begins, "In accordance with my Will and Section 524.2-513 of Minnesota Statutes I give the following items..." and the items I mentioned are hand written in the appropriate spaces at the bottom of the document, whom it is to go to, etc. It doesn't appear to be notarized or anything. He apparently is of the opinion that this piece of paper qualifies as a will. Does it?
He said he'd given my name to the mgr of the apt bldg, so I could go get that stuff if he died.
Basically, when he dies, he apparently wants me to just handle everything. I am to get the above mentioned items, he said I could have his car (worth about $1000) -- and all the other stuff in his apartment I could do "whatever" with. Meanwhile I live in another state with absolutely no way to even think of going up there and removing/disposing of an apartment full of furniture, clothes, etc. Ain't gonna happen.
So... Let's just say he passes away... what's going to happen? If he has my name "out there" as the supposed "executor" -- does that mean a bunch of people will all be pointing at me to tie up all the loose ends, deal with all his worldly goods, etc ?
And since I can't really do that, and I'm not a blood relative, would I be better off to just have my name taken off everything, then go up BEFORE HE DIES and get the stuff he was concerned about giving his friends -- and that way when he does pass away, the apartment management can just deal with all that other stuff however they see fit in order to rent the apartment to the next person?What is the name of your state (only U.S. law)?
 


anteater

Senior Member
His tangible personal property list is only effective if there is a valid will that refers to the tangible personal property list.

Your name being "out there" has no significance. You aren't obligated to do anything.

There's a couple dozen ways that his could get you into trouble (most of which would likely be rated as low probability), but, in the circumstances, I do kind of like this idea:

...then go up BEFORE HE DIES and get the stuff he was concerned about giving his friends...
Mind you, since this is a legal forum, I am not advocating....
 
A couple more questions: Since it sounds like, if nothing changes, he'll die without a will -- what happens in that case, with no family to intervene in the matter etc? What happens to any/all his belongings?
In a perfect world (for me), I could just go up there when he dies and get the stuff he wanted me to take, and walk away from the rest -- which is what he seems to think I can do... And my guess is that is definitely not do-able. Is that correct?
Also you said there were a couple of dozen (unlikely)ways I could get in trouble -- that, of course, piqued my interest -- could you elaborate. TIA
 

anteater

Senior Member
Also you said there were a couple of dozen (unlikely)ways I could get in trouble..
OK, I was exaggerating by saying a couple dozen. But...

1) You don't have legal authorization to take his stuff. Usually, we call that theft.

2) If the apartment owner/management is on the ball, you won't get access to the apartment without flashing some proper legal credentials authorizing you to do so.

3) Creditors get first crack at the deceased's assets.

4) Without a will, the MN intestate succession statutes determine who receives any assest after creditor claims are satisfied.


Now, that said, if we're talking low value tangible personal property, nobody may care. But, if we are talking about being on the right side of the law...

As a cynical, but wise, attorney once said:

"Unfortunately, the one who gets the deceased's tangible personal property is whoever steals it first."
 
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1)"You don't have legal authorization to take his stuff. Usually, we call that theft.

2) If the apartment owner/management is on the ball, you won't get access to the apartment without flashing some proper legal credentials authorizing you to do so."
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Yeah, that's exactly what I thought. And so the only way to have the legal auth/cred is if he has a will -- correct?
I presume it's not uncommon for someone to die without a will. Is this because there are expenses or hassles in having a legitimate will that can make it not worth doing?
He recently had an extensive hospital stay, which was paid for by some state entity, called something like "MinnesotaCare" or some such thing. Not your average health insurance ordinary people buy or are afforded by their employer. As I said, ward of the state. The reason I'm mentioning that is because I don't think there are any creditors, unless the hospital care he was given via that state agency entitles them to have a claim on whatever he's got, or the hospital itself. In this case I doubt anyone would bother. I guess he has about $3-4000 worth of actuall stuff including his car-- that anyone would want to bother with anyway... that could actually be easily sold.
I appreciate your help. I've been stressing about this,wondering what is going to happen.
 

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