Minnesota Probate and Creditor Claims

by Flanders Law Firm LLC on March 14, 2017

creditor-claims-in-minnesota-probateCreditor Claims in Minnesota Probate Estates

Minnesotas probate statute attempts to clearly delineate the rules for the administration estates.

The underlying purposes and policies of the probate statute are to simplify and clarify the law concerning the affairs of decedents, missing persons, protected persons, minors, and incapacitated persons, and to promote a speedy and efficient system for liquidating the estate of the decedent. Minn. Stat. 524.1-102(b)(1),(3). Although the goals are laudable, they do not reflect the reality that probate can at times be a messy affair. This is especially true when creditors enter the fray.

Minnesotas probate procedures arguably give way for unrelated parties to enter probate proceedings. For example, Minnesota permits certain persons from filing a petition for determination of descent in probate court. According to the statute, any interested person may file a petition for determination of descent when a person has 1) been dead for more than three years and 2) has left real property with no will. Minn. Stat. 525.31.

Minnesota Decree of Descent law

If a beneficiary or an heir is indebted to an unrelated party, Minnesotas decree of descent can be a vehicle for a creditor to make a claim on the estate. In re Estate of Pawlik, 845 N.W.2d 249 (Minn. Ct. App. 2014) is an example. In Pawlik, the decedents heir owed debts to a creditor who obtain a judgment lien against the heir. Id. at 249. The creditor petitioned the district court in Minnesota for a decree of descent on the estate. Id. The beneficiaries objected, maintaining the judgment creditor did not have standing under Minnesotas probate statute. Though the district court noted it was uncommon for a judgement creditor to use a decree of descent to seek payment, it was nonetheless proper. Id. at 250.

The Court of Appeals upheld the district courts holding. In the opinion, the Court of Appeals noted Minnesotas probate statute defines interested persons, who may file the petition, broadly. Id. at 251. Under the statute, interested persons are heirs, devisees, children, spouses, creditors, beneficiaries, any others having a property right in or claim against the estate of the decedent. Id. (citing Minn. Stat. 524.1-201(32). Even though the creditor held a judgment against the heirs and not the estate, the Court of Appeals determined Minnesota probate statute permitted all creditors from petitioning for decree of descent. Id. at 252.

Even when a person dies without a will, creditors may still initiate a claim to the estate. In In re Estate of Murray, 2016 WL 854724 (Minn. Ct. App., Mar. 7, 2016), a creditor attempted to attach a security interest on property bequeathed to a beneficiary that the beneficiary disclaimed. Although the Court of Appeals upheld the district courts refusal to vacate the disclaimer, the Court of Appeals agreed the creditor had standing to challenge, even in the face of a valid will. Id. at *2. The Court of Appeals noted the probate code offers, wide[] ground on which [the creditor] can establish standing. Id. at *3.

Expected beneficiaries and heirs of an estate must be aware of any debts they may have to outside parties. Pawlik and Murrays holdings suggest Minnesotas probate code may provide an avenue for creditors to access a persons estate. The probate code is complex, and those considering estate planning issues should contact a helpful Minnesota estate planning attorney for advice.

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Contact the Flanders Law Firm today. The firm offers free consultations to all potential clients. Call (612) 424-0398.

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Elder Abuse and Minnesota Estate Planning

by Flanders Law Firm LLC on December 27, 2016

Elder Abuse Minnesota Estate PlanningElder Abuse

Those who are in a position of caring for older and vulnerable adults provide a valuable and courageous service. There are many challenges in providing for vulnerable and partially handicapped adults in health care, financial items, and other matters. However, primary caretakers for vulnerable adults cannot do it all. Often times, they bring in other people to assist with caretaking abilities.

There is nothing per se problematic about that and it is often a benefit to the caretaker and the vulnerable adult. However, vulnerable adults are often the target of financial exploitation. This article attempts to explain Minnesotas vulnerable adult provisions and provide some warning signs that may be helpful.

There are two statutes providing for the protection of vulnerable adults and the elderly. The Minnesota Vulnerable Adults Act seeks to protect adults who, because of physical and mental disability or dependency on institutional services [and] are particularly vulnerable to maltreatment. Minn. Stat. 626.557 subd. 1. The definition of vulnerable adult is broad but is generally a person above the age of 18 who is a resident of an inpatient facility or receives services from a home care provider. Minn. Stat. 626.5572 subd. 21.

Minnesota also has proposed a consumer protection law for the elderly. The proposed Deceptive Acts Perpetrated Against Senior Citizens or Disabled Persons creates fines up to $10,000 for consumer fraud committed against a senior citizen or disabled person and is targeted at the senior citizens primary source of income. Minn. Stat. 325F.71 subd. 2.

Hennepin County

In Hennepin County alone, there is concern that vulnerable adults and the elderly are subject to financial exploitation and other abuse. (Minnesota Continuing Legal Education 2014 Elder Law Institute, Oct. 6, 7 2014). Furthermore, vulnerable adults may be unable to report it because they are unaware they are being taken advantage of. For those in care-taking positions, it is important to be aware of and recognize signs of financial manipulation against elderly and vulnerable adults. The Minnesota Attorney General has provided a list of common schemes meant to take advantage of the elderly and vulnerable adults. For example, caretakers should monitor a senior citizens communications for You Have Won calls or mail. Another common scam are home improvement proposals, business opportunities, and contests.

Unfortunately, there are people looking to take advantage of vulnerable adults. Fortunately, for those in caretaking positions, there are steps you can take, including constant communication with loved ones, automatic bill paying, and avoiding committing large sums of money to anyone. (Minnesota Continuing Legal Education 2014, Elder Law Institute, Oct. 6, 7, 2014).

Contact a knowledgeable Minnesota estate planningattorney for more information about this issue.

Free Initial Consultations

Contact the Flanders Law Firm today. The firm offersfree consultationsto all potential clients. Call(612) 424-0398.

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