Whenever money and property are on the line, there are always plenty of people who are “interested.” However, simply wanting something from an estate does not make you an interested person in the state of Minnesota. When an estate goes to probate, then it is important to determine the valid interested persons involved. There are many reasons why someone may be considered an interested person in an estate. Our attorneys are here to help you understand your options, and make sure property and assets are divided correctly.
The state of Minnesota provides clear guidelines regarding interested persons in the probate process. An interested person has a legal or property right, not just a want for part of an estate. According to Minnesota probate law, you are typically considered an interested person if your legal or property rights are affected during probate.
Statutory Standing as an Interested Person
Minnesota statute clearly identifies the typical interested persons in a probate case. Those parties often include:
- Creditors; and
Additionally, anyone with a property right in an estate claim is included under the term interested person. If probate will affect you in any legal way, then you are likely an interested person. This also includes:
- Personal Representatives;
- Persons with Priority of Appointment; and
- Fiduciaries Representing Interested Persons
Minnesota probate law covers guardianship and conservatorship, but it does not necessarily protect siblings. A brother or sister is not automatically an interested person. In order to qualify as an interested person, a brother or sister must have another claim in the estate. For example, if a sister is also a creditor of the decedent, then she qualifies as an interested person.
An interested person has rights to the estate that other individuals do not have. The purpose of the Minnesota statute is to protect those with real interests in an estate. However, this does bring certain challenges to the division of the estate. Contacting a qualified attorney may help you understand how exactly you fit in during probate.
If you are involved in probate and have questions related to interested persons, then we are here to help. Whether you are an interested person, or have another role in probate or estate planning, we are happy to offer a free consultation. If you feel that you have been unfairly left out of the process, then we can also help you understand your options. Contact the Brown Law Offices, P.A. at 763-323-6555.