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In order for a mother to create a trust for anything that may be left to her children, she might have to petition the court. The court may want the assets locked up in a long-term CD or other product to protect them for the benefit of the children. Alternatively, the court might appoint someone else to be in charge of their assets.

The children of the decedent are the natural heirs, and the natural guardian (the mother) does have the right to be the personal representative of this estate, take action on behalf of the children, and petition for guardianship over the children if someone else is contesting that and wants guardianship over the children.

Once children reach the age of 14, they have a right to object to anyone who might be appointed as guardian. The children would have the right to testify in court, whether that’s done in chambers behind the scenes, or in front of everyone in open court. This can be a powerful thing when dealing with an estate where the other parent has deceased and their family is heavily involved in the matter.

How Do I Protect My Child’s Estate From My Husband’s Relatives Who Believe They Are Entitled To Any Assets That Were Left?

A parent can protect their child’s estate and prevent horrible fights within the family by hiring an attorney; this is something that I cannot stress enough.

For A Mother Who Was Receiving Child Support Before The Death Of Her Child’s Parent, What Can Be Done To Continue That Support If It Was Not Addressed In The Estate Plan Or If There Was No Will?

In this situation, there are two types of estates: insolvent and solvent. There are certain things that the child is entitled to, including the homestead and vehicle, unless the other parent was remarried, in which case there would also be spousal rights that could not be taken away. If the estate is solvent and there is money for child support, then the estate could be required to pay that child support. There may be also benefits from Social Security or other avenues for obtaining support, but if there’s no money in the will or estate, then it would be hard to collect child support.

When Would A Will Be Probated In Minnesota?

An estate that is worth less than $75,000 does not need to be probated in Minnesota. If it is worth more than $75,000, or there is real estate that didn’t belong to a spouse, or if there is no spouse, then it would need to be probated. If there was no joint tenancy of the real estate or the spouse is not on the deed, then it would need to be probated. If there is joint tenancy, then it may not need to be probated. In a situation where there is no spouse, the mother of minor children could petition for appointment as personal representative; if there is a spouse, then that role would be given to that spouse unless they chose not to accept it.

For more information on Divorce Cases In Minnesota, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (763) 284-5552 today.

Kathleen Gomez

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