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North Dakota mineral rights, mother owned, she died in Minnesota sister is executor of/estate. She wants to step down appoint me

Lakewood, CO |
Filed under: Ancillary probate

North Dakota mineral rights, mother owned, she died in Minnesota where she lived sister is executor of/estate. sister wants to step down and appoint me the executor. Do we need to go to court in SD? sister is in WI and I am in CO or is there a form we can fill out?

Attorney Answers 2

  1. If she was appointed executor in Wisconsin, you likely will need to file motions to have you take her place in that state, but you should ask a Wisconsin attorney this question as they will know the process for that state. You likely will need to do ancillary probate in North Dakota for the mineral rights. You should post this question in those state's areas on the site. Hope this helps.

    You can reach Dave Rich at (303) 886-2516 or Dave Rich is an attorney licensed in Colorado. Answering your questions does not create an attorney-client relationship between us. You should speak with an attorney to whom you have provided all the facts in your case, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

  2. Please accept my condolences for the loss of your mother. Since your mother passed away in MN, you will probably need to file any probate case in MN, but like Colorado there may be ways around that. Probably not with mineral interests, though, but youi will need to confer with MN counsel. In Colorado a Personal Representative, what we call an executor or executrix here in Colorado, does not have to be a resident of that state, and I'm sure MN has like laws. You will still need to retain MN counsel. Good luck!

    This general response is not intended to be legal advice because I don't have all the facts. The particular facts in each instance will change the recommendation significantly. Any statements made in your posting on Avvo are not protected by the attorney-client privilege because they are shared with third parties. I require a written contract for legal services, so an attorney-client relationship may not be presumed merely by my response to an Avvo posting.

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