Bryan Christopher Zlimen’s Answers

Bryan Christopher Zlimen

Saint Paul Business Attorney.

Contributor Level 9
  1. Who is the executor named on my fathers will?

    Answered about 1 year ago.

    1. Bryan Christopher Zlimen
    2. Celia R Reed
    3. James P. Frederick
    4. Joseph Franklin Pippen Jr.
    5. Christopher Daniel Leroi
    6. ···
    6 lawyer answers

    As my colleagues have mentioned, the Will would be on file with the Court if a probate was opened, and your dad may have had a copy on file with the court even if no probate was opened, so contacting probate court administration in the county that he lived in would be the first step. If they're not able to find a will on file, ask if a probate has been opened in his name. If so, you should be able to ask them who the Personal Representative (also called an Executor) is or, alternatively,...

    8 lawyers agreed with this answer

  2. My sibling refuses to do anything with my parents estate what are my rights

    Answered 11 months ago.

    1. Bryan Christopher Zlimen
    2. Vance Tate Davis
    3. J. Thomas Smith Ph.D.
    4. David W. Jacobsen
    4 lawyer answers

    You will need to consult an attorney in person for this matter. There are many issues that need to be addressed and it won't be possible to give an adequate answer without significantly more information.

    6 lawyers agreed with this answer

  3. Is real property considered tangible property in Minnesota probate

    Answered 7 months ago.

    1. Bryan Christopher Zlimen
    2. Tricia Dwyer
    3. David W. Jacobsen
    3 lawyer answers

    Generally Wills distinguish gifts of real property in a separate provision that deals specifically with real estate or real property. Because of that distinction, a gift of "tangible property" would generally not include real estate. In this case, an attorney would have to review the specific provisions of the Will to determine what was included in the bequest to you.

    Selected as best answer

  4. How do I find out if my father had a will

    Answered 10 days ago.

    1. Bryan Christopher Zlimen
    2. Ivette M Santaella
    3. Michael S. Haber
    3 lawyer answers

    The best ways to determine if he had a will are to check with any attorneys that you are aware of him working with, check any safe deposit box he may have had (an attorney can help you get access), check his home to see if there's a copy there, and ask any relatives that you think may be willing to help. You can also check with the courthouse in the county he lived in, as it is possible to file a will for safekeeping. As was mentioned by the previous post, if there is a will it should...

    4 lawyers agreed with this answer

  5. In a nutshell, house is paid Dad in home hospice, mom in assisted living. mom will get house in her name.

    Answered 10 months ago.

    1. Bryan Christopher Zlimen
    2. James Bunkey Swain
    2 lawyer answers

    You will need to schedule a consultation with a probate attorney who can look at all the facts and advise you on how to proceed in this matter. That attorney will be able to tell you whether the home is exempt from creditors’ claims altogether, whether a probate will be necessary in order to transfer title of the house or administer other assets, and whether there is claim for Medical Assistance benefits that has to be paid. All of these factors will ultimately decide how or if your father’s...

    4 lawyers agreed with this answer

  6. Is it legal to gift $75,000 each to 3 of your 6 kids in a lump sum in a given year?

    Answered 12 months ago.

    1. Jeremy Edward Warring
    2. Bryan Christopher Zlimen
    3. Charles Adam Shultz
    4. Steven M Zelinger
    5. Tricia Dwyer
    5 lawyer answers

    Yes, though such a gift could be subject to gift taxes. There is nothing illegal about gifting money to children. Federal gift tax laws permit an individual to give up to $14,000 per year to another individual without paying gift taxes or filing a gift tax return. For amounts in excess of that, the grantor of the gift must file a gift tax return and either pay the gift tax or deduct the gift tax from the individual's lifetime gift exemption. The grantor should consult with an attorney...

    4 lawyers agreed with this answer

  7. Does a vehicle gifted to a child count as an asset?

    Answered over 1 year ago.

    1. Bryan Christopher Zlimen
    2. Thomas Michael Fafinski
    2 lawyer answers

    Assuming you are referring to assets for the purpose of applying for Medical Assistance (MA), the answer would almost certainly be yes. MA generally has a five-year "look back" period, so the transfer of the vehicle for less than market value (as a gift, in this case), would be counted for that five-year period. An attorney familiar with MA planning could help provide advice regarding ways to minimize the impact of gifts like this.

    4 lawyers agreed with this answer

  8. If I pass away and do not have a will intact will my husband (I hope he will) gain my house?

    Answered over 1 year ago.

    1. Bryan Christopher Zlimen
    2. Andrew Thompson
    2 lawyer answers

    Mr. Thompson is correct, but seeing your comment allows a more complete answer. Because you indicated that the home is in your name alone, the house should pass to your husband through intestacy. You would, however, be better served to file a new deed creating a joint tenancy with you and your husband so that the property can pass to whichever spouse survives without going through probate. It's a quick, simple, and inexpensive way to save time and money down the road.

    4 lawyers agreed with this answer

  9. Statute of limitations on probate MN

    Answered about 1 year ago.

    1. Bryan Christopher Zlimen
    2. John Andrew Wehrly
    3. James P. Frederick
    4. Tricia Dwyer
    5. Celia R Reed
    5 lawyer answers

    Yes, you should be concerned about this. Any time that you are served with a summons, you need to respond or you face having a default judgment entered against you. You should absolutely consult an attorney, and do so promptly. If there is a statute of limitations or other defense that can be used, the attorney can assert that defense on your behalf, but regardless you must answer the complaint within the 20-day time limit.

    3 lawyers agreed with this answer

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  10. Is there a statute of limitations in MN on collecting money owed to an estate that is currently in probate.

    Answered about 1 month ago.

    1. Bryan Christopher Zlimen
    2. Alan Baker
    3. Andrew Charles Wipper
    3 lawyer answers

    In general, the PR has the obligation to recover assets owned by or owing to the estate. There isn't an estate-specific statute of limitations, but claims for breach of contract (which is what it sounds like the PR is pursuing) have a six-year statute of limitations in Minnesota. The six years begins tolling from the date of the most recent payment on the debt. The PR will have to consider whether there is sufficient likelihood of success and likelihood of collecting on this debt when...

    3 lawyers agreed with this answer