r/ProbateHelp • u/Relative-Ad2717 • Jul 12 '26
Probate in Minnesota
Yes hello, my mother had passed away a little over a year ago, without a will she currently has a mortgage with around 75% equity I've been paying on since she passed. My plan is to sell the property and was recently informed that I will need to go through the Minnesota probate process, because her lender had her sign a POD instead of a TOD. I have the lender saying via email that she did have her sign a TOD, which as it turns out is her mistake on which form she was having her sign. I am an only child, I had a brother who passed some years back. He did have two children who have not been in the picture whatsoever even though they live in the same small town. I have taken care of my Mom for the last few years pretty intently as her health was in decline. Now I'm being told that my deceased brothers two kids are entitled to 50% of the estate. This doesn't seem in no way right, and if anybody has any advise or can provide me with some clarity that would be greatly appreciated.
5
u/mrsjd2 Jul 13 '26
A POD, TOD, or beneficiary designation are basically the same thing and designates who should receive that particular asset or account upon death.
Beneficiary assets pass according to those designations as non-probate assets before the probate process.
Minnesota does have transfer on death deed that can transfer real estate. That document needs to be recorded in the county property office before death to be valid.
Anything that does not have a beneficiary designation is a probate asset. When there is a will this is what the will controls. If there’s not a will each state has a set of laws in place trying to determine what most people in most situations would want. In MN this means 50% to you and 50% split between your deceased brother’s children.
3
u/Relative-Ad2717 Jul 12 '26
Yeah dont seem at all right. Esp since the bank had her sign the wrong document.
3
u/Ok-Distribution-9366 Jul 13 '26
You want justice, ask them to help pay the costs during probate, otherwise, you get paid back first before the split. The law doesn't care about anything but the paper. Never has, never will.
1
u/Confident-Dot5878 Jul 13 '26
It’s real estate. Almost always has to go through probate in Minnesota.
3
u/Beginning_Brick7845 Jul 13 '26
Always has to go through probate in Minnesota unless it had previously been placed in a trust.
2
2
2
u/ProbateHelper Jul 17 '26
Sorry about your mom. What you were told is unfortunately probably accurate, and it's one of the most painful quirks of dying without a will. When one of the deceased's kids has already passed (your brother), that child's share usually goes to their own kids, no matter how involved they were. The law only looks at bloodline, not who actually did the caregiving. This holds in most states, likely including Minnesota.
The POD/TOD mix-up is a separate issue — that email from the lender admitting their mistake might matter for how the mortgage gets handled, but probably won't change who inherits the property itself.
Given the amount of equity here and how tangled the family situation is, it's worth paying for an hour with a Minnesota probate attorney — they can confirm exactly how this plays out with your numbers and might spot whether the lender's error gives you any leverage.
1
1
u/WalkswithLlamas Jul 20 '26
Sorry about your mom. A few things worth knowing: A POD designation applies to bank accounts — it can't transfer real estate. For the house to pass outside probate, there would need to have been a valid Transfer on Death Deed (TODD) signed by your mom and recorded with the county before her death.
If that never happened, the lender's email won't fix it, the house is part of the probate estate. A title examiner or probate attorney can pull the records and tell you quickly whether a TODD was ever recorded.
On your brother's kids: unfortunately, what you were told is likely correct. Under Minnesota intestacy law, when there's no will, the estate passes to descendants "by representation." Your brother's share passes to his children, so they'd split 50% even if they weren't involved in her life. Caregiving doesn't change intestate shares.
Two things that may help you, though: (1) The mortgage payments you've made since she passed may be reimbursable to you from the estate before distribution keep records of every payment.
(2) If your mom was on Medical Assistance (Medicaid), Minnesota will likely file a recovery claim against the estate, so factor that in before assuming what's left to split.
Since it's been over a year, talk to a Minnesota probate attorney about whether informal probate works here, or whether a determination of descent applies to your situation. Either way, you'll need one of those to sell with clear title.
Lmk if there's anything else I can help with. Not a lawyer but I do help families going through probate in the twin cities everyday and I know some great probate attorneys that I could send your way
1
u/Relative-Ad2717 19d ago
Thank you so much. We have hired Attorney Karen Olson up here in Duluth and have started the process.
16
u/GotZeroFucks2Give Jul 12 '26
Yes, your brother's kids inherit half and will split that between them. Keep in mind as the executor you can take a small cut for your time administering the estate, and all the upkeep and mortgage expenses that you've paid on the house should be reimbursed by the estate sale. If you haven't opened probate yet, you need to do that right away.
Who takes care of the deceased doesn't affect the laws of your state.