Beneficiary Rights in a Minnesota Probate
Being a beneficiary during a Minnesota probate law case doesn’t mean that you’re forced to stand by the side lines and do nothing.
The fact of the matter is that the estate’s executor could be subject to what you deem to be right choice in the matter. You may need a bit of valid proof to back up your claims, but in cases where the executor failed to do what was expected of them, their lack of proof might be what you need most.
You can also make the recommendation of who gets the chance to be an executor before the case begins. Consider if you want to use the power that you have before anything gets too serious.
MN Probate Beneficiary
Beneficiaries generally don’t have final say in whether or not an estate can be opened. Rather, they may learn that the estate will be opened apart from their desires. This is because creditors and the state could force the estate open, and other beneficiaries and similarly interested parties may want what they’re due.
A Minnesota probate beneficiary would have to convince the state to go against it’s timing regulations and for the creditors to stop from requesting their payday in order to put a halt to the inevitable. Similarly, that’s not even getting into how the other beneficiaries might not be feeling patient or overly generous.
If there’s anything that can be done to slow down the process, the two things that beneficiaries can usually dispute are the will’s validity and who was appointed to be the executor or administrator. These powers exist so that someone can ensure the truth is maintained during the probate process. A beneficiary’s power stretches so far in this area that they’re also able to recommend that someone else should serve in the role of administrator or executor.
A voice with the probate Executor
Though most of the decisions might be ultimately made by the executor or probate court, the executor might still need your approval once you receive your inheritance. They’re probably looking for some kind of written statement, think of this as a kind of receipt, from each beneficiary that received from the estate.
Minnesota executors almost always need to be keeping notes and records of what they’ve done. That said, they may need your approval to show a good job has been carried out.
Note that if a will was present during the case and was deemed as usable by the court, the executor should have tried their best to redistribute the estate in light of what the will stated. On the flip side, they may have needed to sell of most of the property or potentially all of the possessions.
You must stay aware of what kind of factors are impacting the case and knowledgeable as to how the executor handles matters in light of what was written. Certain cases may make things difficult for them to carry out the will to its fullest sense, as missing beneficiaries and encountering estate-eating debts can metaphorically derail the deceased’s plans, but those are not excuses for laziness.
Notice of Hearing and Notice of Rights
While beneficiaries might assume that they’re entitled to receive from the estate, which they might be, they’re normally more entitled to know that the MN probate process is happening.
Probate doesn’t promise that they’re going to receive even the smallest portion of their potential inheritance. Rather, they’re promised the ability to participate in the process and potentially raise concerns over what’s going on. It’s kind of like voting in the sense that they can say who they want to make the overarching decisions, despite the fact that they may have nothing to gain from the matter.
Who’ll manage the estate is usually picked relatively quickly, potentially within the first two months of probate starting.
Hopefully, you won’t have to ask off work and fill out a ballot. In more drawn out cases, circumstances may cause the executor to need a long while to find the beneficiaries, but those that are able to be found from the start will usually be notified relatively quickly. Once a beneficiary knows that probate is happening, they can also consider trying to check the will and learn what the deceased intended. All they might need to do is find it in the public record.
MN Probate Accounting
The relationship between an executor and a beneficiary might be thought of as a two-way street, with the beneficiary giving a bill to the executor and the executor providing the beneficiary with an accounting of the estate. Not only are heirs of the estate entitled to know that probate is happening, but they can also demand to know how the estate was handled.
It might even be that the executor was required by the state to administer the accountings of the estate to the beneficiaries. No beneficiary is required to ignore misconduct that took place, and they should expect the executor to serve them within reason.
Knowing both the will and the contents of the estate can be important in these situations. You might be able to start early by trying to find out the value assets found in the estate. Once you know the value of the debts, taxes, and the estate itself, you might be able to better understand what’s going on.
If the executor’s willing, you may even want to discuss what property and assets should potentially be sold, hoping that some might be kept. Be aware of what’s written in the will as that may superseded any kind of recommendations that you make. You’re not there to rewrite the will, but you’re called there to ensure everything is conducted properly.
Minnesota Probate Lawyers
One of the best power moves that you can make in this case is getting a good probate lawyer to help out the executor. You don’t have to be at ends with them, and they may even find that you have their best interests in mind.
Do the thing that’s right. Not every executor will probably want an attorney involved. So, it could be up to you to get the help that’s needed. Any kind of serious claim that you make against the executor might be something that you want someone else to think through. Certain situations can get sticky, and you want to prevent problems from happening as much as possible.
Finding an Minnesota probate lawyer should mean consulting Flanders Law Firm LLC by calling them at 612-424-0398.