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Ask Legalease Your Own Question
Legalease, Attorney
Category: Estate Law
Satisfied Customers: 16378
Experience:  15 yrs experience: Elder Law, Wills, Social Security Issues
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I was appointed Special Administrator brother's estate.

Customer Question

I was appointed Special Administrator for my brother's estate. My brother died December 8, 2013, in Hastings, Minnesota. My appointment occurred in Dakota County District Court, 1st District. I appeared in front of a judge and accepted the appointment. Attached to the petition for my appointment, was a paper titled Exhibit A. In the attachment parties of interest in the estate were listed. All the parties were his surviving siblings. One of the siblings appeared at the hearing and pointed out that the decedents son was not listed. I notified my attorney of this, and have been telling him about the omission for over a year. I have located the son, the decedent was the birth father and never gave up his parental rights or obligations when the decedent and the birth mother divorced. She has since died. How can the son be added as heir and interested party?
Submitted: 2 years ago.
Category: Estate Law
Expert:  Legalease replied 2 years ago.
Hello there. If you have located your brother's son and your brother was on the birth certificate as the father, then this son is the person who is entitled to receive the bulk of the estate. You do not discuss how large the estate might be -- but if it is substantial, then the son should hire a lawyer to make a claim right into this court case that you have going on at the probate court. If the son cannot afford an attorney, then he can file a Motion to add unnamed heir(s) into the case. I honestly do not know why your attorney has not made any movement to do the same -- particularly since you have been telling him to do so for a while now.
Expert:  Legalease replied 2 years ago.
However, if the estate gets distributed and your nephew is not included, then all kinds of problems could happen down the line -- the court can order all siblings to repay any money back to the court and then redistribute to the son. The attorney can also be sued for malpractice by either you & the other siblings or the son.
Customer: replied 2 years ago.

Could I file a motion to add Corin's name, as well as Jessica"s? And correct some of the incorrect addresses? I don't understand why a motion to amend the petition can't be done. Is that something peculiar to Minnesota?

Expert:  Legalease replied 2 years ago.
Yes, of course you can do that yourself but I am wondering why your attorney has not done it for you at this point?
Expert:  Legalease replied 2 years ago.
Do you have any further questions for me? I an very happy to answer them. If not, can you please press a positive rating before you leave the chat pages so I will be paid for my time. THANK YOU VERY MUCH

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