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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 |

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?

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Attorney answers 2

Posted

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@flatironlegal.com. 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.

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Posted

At the time of death of our mother we all lived in Minnesota, My sister/executive of the estate had to go to South Dakota to be court appointed executor of the estate. Also my sister wants to keep the money for the lease of mineral rights until she is paid back $628.00. she has kept all the money for 20 some years. she gets about $366.00 about every 3-5 years depending on the lease she signs. We have 6 heirs and we figured that each of us still owes her about $105.00. I told her that if I send her a check for $500.00 in 2 payments would she make me executor of the estate then I would get the next check and divide it by 6 and keep only a small portion of the money from each heirs portion and send them a check for the remainder. this way I get paid back and all the heirs start getting something every time the lease comes up to pay a lump sum to the executor. Does this make any sense? It has been a long time that only one person has been collecting money, we all understand that she should get paid back but we also feel that if all 6 of us start getting paid on the inharidence and if oil starts to produce and they drill it would be way more easier to pass out funds to all heirs. My siblings feel like she is shadey and she is just keepping the money. Aso will there be any fines or penalties for not closing the estate for over 20 years? Is there a fee to have my sister willing to step down(provided I send her the 2 payments of $250.00 each and can she just step down and appoint me as the executive of the estate with a letter to all heirs? I dont know what to do to start the process. But I do know that she wants to get the 2 payments so she can feel like she is not loosing any money.

Posted

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.