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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 111635
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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My husband died in June and I need to know what's out there

Customer Question

My husband died in June and I need to know what's out there as far as accounts and money. His mother is uncooperative and was sharing a baml account with him . supposedly he won 30,000 from progressive auto bit no ones talking to me . also he said he was
suing mankato police department for three million dollars. He said they came back with an offer of 600,000 already and his lawyer was going for the whole 3million. That's all I know because we were living separately the last three months of his life. His name
was Daniel
Submitted: 1 year ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

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.

Customer: replied 1 year ago.
How do I choose a probate lawyer. Can I hire you or get a suggestion from ya plz.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply. We cannot represent anyone from this site, it is forbidden by state law, but you can get a local attorney at the same sites used by other attorneys, http://www.hg.org or http://www.lexmundi.com.

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