When a loved one dies, his or her affairs must be wound up properly. If the decedent had a will, it must be determined to be in compliance with Minnesota law, that is, valid, enforceable and expressing the true intent of the decedent. If there is no will, then property will be distributed according to state law called "The Law of Intestate Succession". This distributes the deceased's property to his/her "heirs at law" or "blood relatives".
The Probate Court must designate a personal representative, who has the duty to fulfill tasks such as:
Real property, bank accounts and retirement benefits may be part of the estate. Unless trusts or other steps were taken to avoid probate, the estate may take a while to be settled.
If a trust has been established in an attempt to avoid the public probate process, and the trust maker/trustee is not longer able to administer it because he/she has become disabled or deceased, then a successor, trustee must take on that job. Mr. Burris has considerable experience in counseling successor trustees in administering and settling trust estates.
Minnesota law does not yet recognize same-sex marriage and you will not inherit from your same-sex partner unless there was an estate plan clearly spelling out the decedent's wishes.
In some cases, property will actually "escheat" to the state. That is, if no biological heirs can be located, the state of Minnesota will inherit rather than a same-sex partner.
If a will, trust, guardianship, living will or power of attorney specifically names the partner, attorney Burris will work to enforce these instruments. A partner may also establish decision-making power for his or her incapacited loved one.
HONEST. CLEAR. SOLUTIONS. YOUR PERSONAL ATTORNEY FOR LIFE. CONTACT BURRIS LAW OFFICES TODAY
Attorney Jonathan Burris is known throughout the GLBT community as a caring and compassionate lawyer, and is known throughout the legal community as a thorough and knowledgeable advocate in every matter he handles. He strongly believes in protecting the basic human rights of gay, lesbian, bisexual and transgender individuals and couples.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
Copyright © 2012 by Burris Law Offices, PLLC. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.