Estate Law Questions? Ask an Estate Lawyer.
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The first thing you need to do, since you are surviving spouse, is you must open probate on your husband's estate and get named as administrix of the estate. This means you need a probate attorney. The first thing they will do is subpoena the acount with the mother and see how that account was set up, to determine if his mother is entitled to the account of if it would become part of the estate, which would go to you as legal heir under MN law to his estate. What this means is that if the account with the mother is held as joint tenants or if she is a named beneficiary on the account, that money goes to her and is not part of the estate. If she was listed only as trustee on the account, then the money goes to the estate and to you as heir.
As far as the lawsuit pending, this is why you need an attorney to get probate opened immediately. The lawsuit is an asset of the estate and would go to you as heir to that estate, but it must be continued to be pursued by the estate and that means you need probate open and be named administrix and the probate attorney will work with the civil attorney handling that suit to get the money to the estate so you can inherit that money.
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