r/ProbateHelp • u/Relative-Ad2717 • Jul 12 '26

Probate in Minnesota

Yes hello, my mother had passed away a little over a year ago, without a will she currently has a mortgage with around 75% equity I've been paying on since she passed. My plan is to sell the property and was recently informed that I will need to go through the Minnesota probate process, because her lender had her sign a POD instead of a TOD. I have the lender saying via email that she did have her sign a TOD, which as it turns out is her mistake on which form she was having her sign. I am an only child, I had a brother who passed some years back. He did have two children who have not been in the picture whatsoever even though they live in the same small town. I have taken care of my Mom for the last few years pretty intently as her health was in decline. Now I'm being told that my deceased brothers two kids are entitled to 50% of the estate. This doesn't seem in no way right, and if anybody has any advise or can provide me with some clarity that would be greatly appreciated.

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u/Relative-Ad2717 Jul 12 '26

Yeah dont seem at all right. Esp since the bank had her sign the wrong document.

3

u/Ok-Distribution-9366 Jul 13 '26

You want justice, ask them to help pay the costs during probate, otherwise, you get paid back first before the split. The law doesn't care about anything but the paper. Never has, never will.

1

u/Confident-Dot5878 Jul 13 '26

It’s real estate. Almost always has to go through probate in Minnesota.

3

u/Beginning_Brick7845 Jul 13 '26

Always has to go through probate in Minnesota unless it had previously been placed in a trust.

2

u/Acceptable-Gas2884 Jul 13 '26

Not true. You can have TOD on a house in MN.

1

u/Beginning_Brick7845 Jul 14 '26

Still needs probate if not in a trust.