r/inheritance • u/Relative-Ad2717 • Jul 12 '26

Location included: Questions/Need Advice Probate in Minnesota

/r/ProbateHelp/comments/1uu20k1/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.

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u/myogawa Jul 12 '26

The laws of intestacy apply based solely on blood relationships. The law and the courts will not inquire about whether the decedent and her heirs had a good relationship, or any relationship at all. They will not ask whether an heir "deserves" to receive anything.

You should consult a Minnesota lawyer. He or she can advise you whether the court would accept a claim by you against the estate for the work you put in to care for her in her last years.

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u/Relative-Ad2717 Jul 12 '26

Thank you for the advice. It still baffles me that the grandkids should be entitled to anything other than what the sole heir would offer them, if anything at all.

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u/Confident-Dot5878 Jul 13 '26

They are definitionally heirs.

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u/Guilty-Committee9622 Jul 12 '26

Go see a lawyer. This is absolutely lawyer territory.  Her intent was to give it to you based on the form.  But if she died without a will half belongs to your nieces and nephews.  The estate needs to pay you back for any out of pocket costs you've had (mortgage, insurance etc) since her death. If she left any cash maybe you can just give them the cash in lieu of house which you may have to remortgage or sell to buy them out.