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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90238
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have just finished an application for Informal Probate of

Resolved Question:

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
Submitted: 1 year ago.
Category: Legal
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.

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.




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Customer: replied 1 year 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

Expert:  Law Educator, Esq. replied 1 year ago.
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 1 year 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.

Expert:  Law Educator, Esq. replied 1 year ago.
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 1 year 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)?


 

Expert:  Law Educator, Esq. replied 1 year ago.
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., Attorney
Category: Legal
Satisfied Customers: 90238
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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