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My aunt is sole heir on her brothers estate we have been…

Customer Question
My aunt is sole...

My aunt is sole heir on her brothers estate we have been wondering if it is easier to just leave the house in her brothers name rather than going through probate, which can be very expensive, the house is paid for.

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

Minnesota

Lawyer's Assistant: What documents or supporting evidence do you have?

His Will

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

His checking account is frozen because there is no beneficiary on it how can we unfreeze it without probate

Submitted: 10 months ago.Category: Estate Law
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Answered in 5 minutes by:
10/6/2017
Estate Lawyer: Roy Hadavi,
 replied 10 months ago
Roy Hadavi
Category: Estate Law
Satisfied Customers: 1,500
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified

Hi. My name is ***** ***** I am a licensed attorney with extensive probate, estate planning and administration experience. I would be happy to provide assistance. Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Answer: If the value of the estate is $75,000 or less, you can file a small estate affidavit with the bank in order to transfer the title of the bank account to your aunt. Otherwise, the only way to transfer the title of the account to your aunt is through probate.

Leaving the home in your aunt's brother's name poses several issues. Your aunt will not be able to sell the house (if she so desires) without clearing the title. Also, if she ever needs to get a mortgage loan on the property, she will not be able to do so. Also, if your aunt dies without the title to the property being transferred to her, the title to the property will be even more complex to correct and your aunt's beneficiaries (heirs) may not be able to properly claim the property.

Overall, although the probate process can be expensive, clearing the title now will make things much simpler in the future.

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