Estate property disputes in Minnesota can create significant issues during the probate process, especially if a family member is refusing to turn over estate property. When this is the case, there are a few legal solutions available that can help you recover estate assets during probate so that you can close the estate.
Keep reading to find out why probate property disputes may occur in MN and the legal solutions you could use.
What Is Considered Estate Property?
Before we discuss situations where heirs may refuse to return estate property during probate, you first need to understand what is legally considered to be estate property. Here is a breakdown of the most common examples of estate property in Minnesota:
- Real estate
- Vehicles
- Bank accounts
- Family heirlooms
- Business interests
- Investment accounts
- Jewelry and other valuables
You also need to keep in mind that not all estate assets will have to go through probate. Although probate is usually required in Minnesota, there are probate assets and non-probate assets. Non-probate assets usually include any type of asset that is jointly owned or has a designated beneficiary, such as payable-on-death accounts.
If you want to learn more about how you can protect your assets from probate, you should consult with a probate lawyer in Twin Cities, Minnesota.
Why Someone May Refuse to Turn Over Estate Property
Many family members find the probate process to be overwhelming, and this is especially true if there are family disputes over estate property. Sometimes these disputes can even result in family members refusing to turn over estate property, which can lead to probate being put on hold.
Here are some examples of why family members may refuse to turn over estate property:
- They believe that the deceased promised the property to them.
- They claim joint ownership.
- They do not understand how legal ownership works
- They don’t understand the probate process.
- They believe that they are entitled to the property.
- They are intentionally concealing or misusing estate assets.
Legal Options for Recovering Estate Property
As you can see, many probate disputes simply come down to misunderstandings. So, your first recovery step should be to request that they turn over the estate property so that it can go through probate.
It’s also recommended that you work with a probate attorney to negotiate with the family member since an attorney can act as a third-party. Especially in cases involving family conflict, simply having a third person involved to mediate can help resolve the problem much faster.
If informal requests don’t work, you can file motions with the probate court requesting a formal court order to have the assets returned.
All asset recovery efforts will usually be handled by the estate’s personal representative or administrator. They have the legal authority to manage the estate assets, including dealing with disputes and recovery efforts.
How Property Disputes Can Affect Probate
More often than not, estate property disputes can be resolved in an amicable way, especially among family members. However, this doesn’t mean that they won’t have a negative effect on the probate process.
Disputes can take some time to resolve, which can significantly delay estate administration. And the longer probate goes on, the more expensive it can become. These are drawbacks that become an even greater risk if the court has to get involved to resolve the problem.
Because of these issues, it’s essential that you work with a probate attorney throughout the probate process, even if there aren’t family disputes. An attorney can support the personal representative, ensuring everything is handled correctly and legally so that the estate can be closed as quickly as possible.
How Proper Estate Planning Can Reduce Future Disputes
Not all estate disputes are avoidable, but there are some steps you can take to make this process as stress-free as possible. To do this, you need to plan well in advance by establishing a thorough and legally binding estate plan.
A proper estate plan will clearly outline your last wishes and where your assets will go, helping to eliminate misunderstandings. This also ensures your assets will be distributed fairly and won’t be dependent on Minnesota’s intestate laws.
Here are some examples of the steps you should take when planning your estate so that you can avoid disputes later on:
- Work with an estate planning attorney to ensure your estate plan is thorough and follows Minnesota law.
- Regularly update your estate planning documents to reflect any changes in circumstances.
- Be honest with your family about your estate plan so that they know what to expect and aren’t blindsided later on.
- Use the right estate planning documents to clearly identify ownership and beneficiaries so that there is no confusion.
- Keep an organized inventory of your assets so that nothing falls through the cracks.
Get the Help of an Estate Planning Attorney Today
When a family member refuses to turn over estate property in Minnesota, this can drastically slow down the probate process as well as create a great deal of stress for the rest of the family. So, understanding how Minnesota probate asset recovery works can help you resolve this issue and get the probate process back on track.
At the Waldron Law Offices, Ltd, our Minnesota probate attorneys are here to help you better prepare for the future and reduce the risk of probate disputes. Contact us today at 952-471-0940 for a consultation.
FAQs
Can a family member keep property because the deceased promised it to them?
Not usually. Verbal promises are not generally convincing enough to override a legal estate plan or Minnesota’s probate laws.
Can the probate court order someone to return estate property?
Yes. A very common asset recovery solution when an individual will not return estate property is to use a formal court order, which legally requires the individual to return estate property.
What if someone sells estate property before probate is finished?
The estate’s personal representative may try to recover the asset or at least recover its value. There may also be legal consequences for the individual who sold the asset depending on the circumstances.
