How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 116246
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
10285032
Type Your Estate Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

I have just finished an application for Informal Probate of

This answer was rated:

I have just finished an application for Informal Probate of my dads will and am requesting myself be appointed personal rep of his estate. Dad did have a will and everything was left to me but his house to be split between my two sisters and I. I did all the probate paperwork myself , paid the filing fee and it was sent back because it hadnt been 45 days that we survived the decedent. Also, i didnt fill out the " negative Allegation" part of this form. What does this mean, how do i fill this out. Please explain
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

You have to refile the petition after waiting for the requisite number of days. This is not a big deal, it is just a matter of you waiting the required time.

The negative allegations are listed as one of the following:

Example 1

"Where only the spouse survives the application should state 'that the decedent left no surviving issue, natural or adopted, legitimate or illegitimate."'

Example 2

"Where only children survive, the application should state 'that the decedent left surviving no spouse; no children, natural or adopted, legitimate or illegitimate, other than herein named; and no issue of any deceased children."'

Example 3

"Where the spouse and children survive, the application should state 'that the decedent left surviving no children, natural or adopted, legitimate or illegitimate, other than herein named and no issue of any deceased children."'

Example 4

"Where only brothers or sisters of decedent survive, the application should state 'that the decedent left surviving no spouse; issue; parents; brothers or sisters; other than herein named; and no issue of deceased brothers or sisters."'

Example 5

"Where only grandparents survive, the application should state 'that the decedent left surviving no spouse; issue; parents; brothers or sisters or issue thereof; and no paternal grandparent other than herein named; and no maternal grandparent other than herein named."'

Example 6

"Where the nearest surviving descendants of the paternal grandparents are first cousins; and the nearest surviving descendants of the maternal grandparents are first cousins once removed, the applications should state:

'that the decedent left surviving no spouse; issue; parents; brothers or sisters or issue thereof; grandparents; aunts or uncles; and no paternal first cousins other than herein named; and no maternal first cousins once removed other than herein named."'

You would select the most appropriate one and include that in your application.




I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Customer: replied 3 years ago.

I still dont understand. My dad was not married when he passed. My mom is still alive. My dad has 3 living brothers and one sister. No deceased siblings. Its me, my two sisters that were left everything in his will. He has no debts, owes no money to anyone. I hv no idea what example i would choose from. HELP

You need to pick one of the above that closely corresponds to your situation. I do not know your whole situation as you never told me.

If your dad was divorced, then he had no surviving spouse and he has no other surviving issue other than the ones named as in Example 2 above.
Customer: replied 3 years ago.

Its just my sisters and I, no wife or anyone else mentioned in his will. Do i have to name all our names in the negative allegation statement area of the form or just write Example 2? Or do i have to write out exactly what example 2 says word for word. Im only asking to be sure because i need to get this done the correct way.

Yes, you have to follow the MN law on this and include such a negative statement. You need to write it exactly as it appears as those examples come directly from the MN Courts probate packet and that is exactly what the court wants you to write.
Customer: replied 3 years ago.

Ok, one more thing, when i refile the paperwork can i just cross out the old date and write in the current date " as of the 45 days"? Or do i have to re-do the entire paperwork ( a new packet)?


 

Thank you for your response.

You need to re-do the entire packet to do so correctly, since there are not supposed to be any cross-outs on the pleading.
Law Educator, Esq. and 6 other Estate Law Specialists are ready to help you