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  1. #1
    Join Date
    Jul 2012
    Posts
    1

    Question Brother Died Without a Will - What Should I Do

    My question involves estate proceedings in the state of: My brother died last Sunday and has next to nothing. He lived in a cabin on a lake in northern MN which he inherited from my father after he died. There are only three sisters left in the family, my brother was not married and did not have any children, so we are his survivors. I have some questions about what to do. The cabin is on leased land from the county. We own the cabin, but not the land. The county has informed all lease holders that they can purchase the land from the county or if they opt out, the land will go up for auction. We have five years to decide. My concerns are this....
    Can we just walk away? If so, what are our rights and what will happen with everything?
    If we do choose to walk away, should I received any of his papers and/or mail? Or will that make me invested in his estate and then will need to start probate proceedings?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,007

    Default Re: Brother Died Without a Will - What Should I Do

    Quote Quoting Crazyike
    Can we just walk away?
    Walk away... from both the lease and your brother's estate? If the other surviving lessees all tell the county, "We're opting out, put the land up for sale," and that's permitted under the terms of the lease, they should be off the hook. If nobody probates your brother's estate, it will be the county's problem to try to resolve any question of ownership of his leasehold interest.
    Quote Quoting Crazyike
    If so, what are our rights and what will happen with everything?
    Your rights in relation to what, and what do you mean by "everything"?
    Quote Quoting Crazyike
    If we do choose to walk away, should I received any of his papers and/or mail? Or will that make me invested in his estate and then will need to start probate proceedings?
    You won't receive any "papers" or "mail" relating to your brother's estate unless either he was for some reason using your address, or you request those items. I would expect most government agencies and businesses would resist sending those items to you if you cannot prove that you're a proper recipient, for example, by showing them letters of appointment as executor of your brother's estate. The mere fact that you get miscellaneous "papers and/or mail", of itself, neither makes you the executor nor responsible for any debts of the estate.

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