My brother, 2 years younger than my 75 years, and I were to split everything 50-50. He died unexpectedly 10 months before Mom. I'm the only living 'child'; but shocked that his children are legal heirs to his half. Disgusting - as they had nothing to do with her for years after she quit handing them money!
There is only her modest house and years of worthless accumulation, and a 2005 minivan with dead battery and dry rotted tires.
I am joint owner of her bank accounts, from which I took care of her financial needs for the last 3+ years. I take comfort that at least the accounts belong to me and not to the estate - hopefully (?).
I consulted a lawyer before Mom passed. I had 1 meeting with him afterward in which I authorized him to inform my brother's kids (who were as shocked as I; but now greedily expectant).
His statement was, "if there's no will there's no need for probate". I didn't ask what steps to take, but thought he would handle the rest. It's been 7 months with no word from him nor response to my messages.
I am holding a $5k refund check from Mom's facility that was void after the first 60 days.
I am searching online reviews for legal help because I don't know the first step in resolving the estate. Lawyers only want big money.
For anyone not here yet, find out what you don't know legally while you can get the correct documents in place!
Go online to her county's (or district's) website and search "probate" to find out if it is required. You can probably even call the govt offices and the clerk can tell you.
When I did a search: Minnesota+"when is probate required" here is what came up...
"If your personal property exceeds $75,000 or you own real estate in your name alone, your estate must be probated."
Source: https://www.ag.state.mn.us/consumer/handbooks/probate
The need for probate is triggered not by the presence of a Will but by the amount of assets left in the deceased's name.
you will need to resolve this some how. Is there a will ? Were you comfortable with the lawyer ? Make an appointment with the lawyer or another .. the estate should pay for it..
My opinion and thought process is , if there is not a valid will
your brothers children have no claim.
If I can ever get any clear direction and begin the process I will contact them again.