Who has a claim to my ate father’s assets?

UPDATED: Oct 1, 2022

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Who has a claim to my ate father’s assets?

When my dad passed away he left items such as guns, tools etc. that he did not claim as assets to the

county when he put my mom into the nursing home. Now that he has passed who has legal claim to

these items?

Asked on November 21, 2017 under Estate Planning, Minnesota


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If he has a will, they go to whomever he willed them to. When there is a will, it determines who gets what.
If there was no will, they go according to the rules for "intestate succession." In your state, if your mom was your dad's wife, then then that means that she will get everything. (IF he has children with someone other than her and he leaves behind money and belongings worth more than $225,000, the children with another person will get a share--but that does not appear to be the case here.)

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