Minnesota Heirship or Descent Affidavit Questionnaire

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State:
Multi-State
Control #:
US-Q1018
Format:
Word; 
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Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a heirship matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

Inheritance Rights Law in MN The surviving spouse usually will inherit the whole estate, unless there is a will that provides otherwise. Even if there is a will the partially or entirely disinherits a spouse, the surviving spouse may elect their statutory share.

If your personal property exceeds $75,000 or you own real estate in your name alone, your estate must be probated.

525.312 DECREE OF DESCENT. Upon the filing of such petition, the court shall fix the time and place for the hearing thereof, notice of which shall be given pursuant to section 524.1-401.

KS Form 301, which may also referred to as Petition For Determination Of Descent [And Approval Of Valid Settlement Agreement], is a probate form in Kansas. It is used by executors, personal representatives, trustees, guardians & other related parties during the probate & estate settlement process.

In Minnesota, if a decedent has less than $75,000 of assets and no real estate, they may bypass the probate process. If a trust is involved, there will be a trustee or trustees. The trust must go through an administrative phase, the process for closing out the trust.

PETITION FOR DESCENT OF PROPERTY The Petition represents that the Decedent died more than three years ago, leaving property in Minnesota and requests the probate of Decedent's last will, if any, and the descent of such property be determined and assigned by this Court to the persons entitled to the property.

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Minnesota Heirship or Descent Affidavit Questionnaire