Summary
In Minnesota, the deceaseds personal items are part of the estate and distributed according to the will or state law. Unauthorized taking of these items, especially before an executor is appointed, can be considered theft. Its important to have legal representation during estate hearings to ensure proper distribution. Contact the court for queries or legal representation.Full Conversation
I am wondering if there is a statute that states once a person is deceased do all of their personal items immediately belong to their children or do other have right to take them?
What is your location, Ashley? The laws regarding inheritance and personal property after death vary by state.
minnesota
In Minnesota, the deceased's personal items don't immediately pass to their children. They're part of the estate and distributed according to the will or state law. Do you have a will in place?
so if someone took the deceaseds cell phone and personal property there’s nothing wrong with that?
If the property was taken without permission from the executor of the estate, it could be considered theft. Did you report this to the police?
it happened when there wasn’t an executor appointment yet
What was the relationship of the person who took the items to the deceased?
sister/brother/aunt/friends
Who among the sister, brother, aunt, or friends took the deceased's personal items?
the deceased has two children as well
Who is currently acting as the executor of the estate?
the death happened 13 months ago. The brother is now the executor
Did the brother, as the executor, give permission for these items to be taken or was he aware of this situation?
he’s the one who was giving items away that “we’re not his”
Did the brother distribute the items before or after he was officially appointed as the executor of the estate?
before
Did the deceased leave a will specifying how their personal items should be distributed?
no
Who received the items that were distributed by the brother before he was officially appointed as the executor?
family/friends/relative/strangers
What is the current status of the estate? Has it been fully settled and distributed according to Minnesota law?
there’s a hearing for the final accounting next week
Who is representing you at the hearing for the final accounting?
no one
Who is the attorney handling the estate? It's important to have legal representation, especially if you believe items were improperly distributed.
friend of the family
What is the name and contact information of the family friend who is handling the estate?
Tom Johnson
What is your relationship to the deceased?
Mother of his children
Do you and your children have any legal representation for the upcoming hearing? It's crucial to have someone who can advocate for your rights and interests.
no
no
no we don’t
d
What is the name of the court where the hearing for the final accounting will take place?
crow wing county court
The Crow Wing County Court is located at * Laurel St, Brainerd, MN *, USA. You can contact them at +* *-*-*.
contecy them for what?
You can contact the court for any queries related to the hearing or to seek information about legal representation.
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