Gene Edward Adkins’s Answers

Gene Edward Adkins

Saint Paul Probate Attorney.

Contributor Level 8
  1. I have a question about a joint checking account with my wife and her aunt who has recently passed away.

    Answered over 1 year ago.

    1. Gene Edward Adkins
    2. Roy B Henline III
    3. Steven J. Fromm
    3 lawyer answers

    If your wife's aunt died in Minnesota, then Minnesota's Multiparty Accounts Act under the probate code will control the disposition of the checking/savings account. The general rule is that the surviving joint owner receives the monies held in the account outright without having to go through a probate proceeding. There are exceptions. If the aunt left a Will that specifically directs a different disposition of the accounts, then the Will controls. Another exception is if the aunt's estate...

    7 lawyers agreed with this answer

  2. If our high balance savings account is not part of our Revocable Trust and we pass away, will it go through Probate?

    Answered over 1 year ago.

    1. Gene Edward Adkins
    2. Brad S Hindley
    3. Rosemary Jane Meagher-Leonard
    4. James P. Frederick
    4 lawyer answers

    It is likely that the bank accounts you mentioned would have to be probated in order to transfer title of the accounts from your name and into your trust after your death depending. Having a Will does not avoid probate. What matters is how your assets are held. If they are in your name alone at death without being held in joint tenancy or have beneficiaries listed on them, and they are over the statutory limit for a small estate in the state you reside, then a probate is necessary. I...

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  3. When is it too late for parents too sell land to family members.

    Answered over 1 year ago.

    1. Gene Edward Adkins
    2. Jeremy Judson Cobb
    3. Matthew Thomas Majeski
    4. Jon Kenneth Perala
    4 lawyer answers

    Your wife's parents, as long as they are mentally competent, have the ability to sell the farm up until their respective deaths. It is possible that they have made provisions regarding the disposition of the farm in their estate plans which may offer certain advantages over an outright sale or gifting during their lifetimes (e.g. maintaining ownership and flexibility, stepped up tax basis in the property). If they have taken no action with respect to the farm through a will or a trust, upon...

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  4. My husband passed away without a Will.

    Answered 11 months ago.

    1. Gene Edward Adkins
    2. Joseph Michael Pankowski Jr
    3. Joseph Franklin Pippen Jr.
    3 lawyer answers

    I am sorry for your loss. The answer to your question is no. Those documents only allowed you to make medical decisions for your husband during is lifetime. They do not operate as a Last Will and Testament. If your husband died without a Will, he is deemed to have died "intestate". The Texas laws of intestacy dictate how his probate assets are to be distributed. There is not enough information here to determine that but at a minimum as a surviving spouse, you will be entitled to a share...

    8 lawyers agreed with this answer

  5. LAST WILL & TESTAMENT

    Answered about 1 year ago.

    1. Abel Lopez
    2. Gene Edward Adkins
    3. Dana Laganella Gerling
    3 lawyer answers

    Your new will should have language in the opening paragraph revoking all prior wills that you may have. If you do not have a power of attorney then no one will have the authority to handle your financial affairs in the event you become incapacitated (if you have joint bank accounts then the other joint owner would be able to manage those accounts). A guardian or conservator would have to be appointed by the court to handle those matters while your incapacitated if you chose not to have a...

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  6. Is someone who was left a special gift in a will considered an heir, if the conditions of getting the special gift were not met?

    Answered 11 months ago.

    1. Gene Edward Adkins
    2. Joseph Michael Pankowski Jr
    3. Leonard Bernard Feld
    3 lawyer answers

    Under Minnesota law, in the situation you describe, the friend is consider a "specific devisee" and an "interested person" in your father's estate. The friend is not, however, an heir (assuming the friend is not a spouse, child, or grandchild of your father). If the friend is not mentioned in the residue clause, the friend is not consider a residue beneficiary either. Minnesota Statute 524.3-203 governs who has priority for appointment as personal representative. Devisees and interested...

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  7. When my mom dies she wants her house to go to her 2 kids, does she just file a quit claim deed to add her kid's name?

    Answered 12 months ago.

    1. Gene Edward Adkins
    2. Maury Devereau Beaulier
    3. Bryan Christopher Zlimen
    4. Joseph Franklin Pippen Jr.
    4 lawyer answers

    Your mother has several options available to her. Each has its pros and cons. First, she could have a specific provision in her Last Will and Testament directing to whom the home is to be distributed. This would require a probate proceeding at her death to transfer the title out of your mom's name and into her kids names but the kids would receive the stepped up tax basis in the property. Second, she could execute a Transfer on Death Deed for the home to her kids. This avoids the probate,...

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  8. CUT FROM WILL

    Answered 9 months ago.

    1. Gene Edward Adkins
    2. Richard Albert Luthmann
    3. Aaron Scott Hill
    4. Lee Alan Thompson
    4 lawyer answers

    A parent can disinherit any and all of their children so long as the parent possesses the requisite mental capacity and is not under any undue influence, duress or coercion. Simply put, a person can leave his or her assets to whomever he or she wishes. The only person you cannot omit is a spouse without the spouse's consent.

    6 lawyers agreed with this answer

  9. My mother and I were named as admin on my Aunts (mother's sister) will. I do not want to be on the will or receive the gift. OK?

    Answered 10 months ago.

    1. Gene Edward Adkins
    2. Joseph Martin Carasso
    3. Charles Adam Shultz
    4. Christian K. Lassen II
    4 lawyer answers

    You can decline to act as a personal representative (executor) of your aunt's estate if were nominated in her Will. You should sign a probate document entitled Declination to Serve as Personal Representative or whatever it may be known as in your jurisdiction. Likewise, you can disclaim any or all assets that you are would inherit from her estate. To be a qualified disclaimer, it must be in writing, the property being disclaimed must be identified, the written disclaimer must be delivered to...

    6 lawyers agreed with this answer

  10. Can you collect on default owed on a Contract for Deed if you file a Notice of Cancellation of Contract for Deed?

    Answered 11 months ago.

    1. Gene Edward Adkins
    2. Maury Devereau Beaulier
    2 lawyer answers

    Minnesota generally follows the legal rule of "election of remedies" in the context of contract for deeds. A contract for deed vendor (i.e. the seller) essentially has two options. First, the Vendor can serve a Notice of Cancellation of the Contract for Deed, setting forth all of the Buyer's defaults under the contract. The Buyer then has 60 days to redeem -- that is to pay all amounts in default current plus any amounts that become due during the redemption period. If the Buyer does not...

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