My grandmother died with a will saying her estate should be divided equally among her 5 children, but my dad died first. His 3 children have received none of his share. Probate was never opened. What would you do? [Minnesota]
I’m dealing with a complicated estate situation in Minnesota and would really appreciate perspectives from people familiar with probate, estate litigation, POA abuse, or similar family situations.
I’m intentionally leaving names out, and obviously some of what follows is alleged because I have not yet been able to obtain the complete financial records.
My grandmother died September 19, 2025.
She had five children. Four survived her. My father, her fifth child, died before her.
Her 2018 will, however, specifically addresses what happens if one of her children predeceases her. As I understand it, that child’s descendants take that child’s share by representation/per stirpes. My father had three children, including me.
The will also names one of my aunts as Personal Representative.
Here’s where things get strange.
More than a year after Grandma died, probate still has not been opened and, to my knowledge, the original will has not been filed with the court.
Shortly after Grandma died, the four surviving siblings apparently got together and discussed not following portions of the will. I have been told they actually wrote/signified their agreement on the original will that they would not honor the equal-distribution provision and another specific monetary bequest.
Obviously, beneficiaries writing on a will after someone dies doesn’t magically rewrite the deceased person’s estate plan, but the fact that this allegedly happened is one of the things that concerns me.
Then there are the assets.
My aunt had been acting under my grandmother’s power of attorney before Grandma died and had significant access to her finances.
I have reason to believe that, during the years she had that authority, ownership and/or beneficiary designations on various assets may have been changed. These potentially include bank accounts, investments, CDs, retirement assets, life insurance, etc.
I do NOT yet have the records necessary to determine exactly what was changed, when it was changed, who authorized it, or what Grandma understood at the time. Obtaining those records is one of my primary goals.
There is also the house.
A transfer-on-death deed apparently transferred Grandma’s house to this same aunt.
The strange part is that shortly before Grandma died, while she was hospitalized and unable to speak, I personally heard my aunt say words to the effect that she had Grandma sign a TODD so she could sell the house and divide the proceeds according to Grandma’s will.
The house has since been sold.
Instead of my father’s branch receiving what would have been his share under the will, my aunt sent the grandchildren checks accompanied by letters characterizing the money as a “gift.”
The four surviving siblings apparently received distributions from the house proceeds as well.
That distinction bothers me enormously.
If this was simply my aunt’s house because of the TODD, why was she distributing its proceeds among the siblings in a manner resembling Grandma’s estate plan?
And if she was distributing the proceeds because that was Grandma’s intent, why was my deceased father’s branch excluded from his share?
There are other financial issues that concern me.
I’ve been told that approximately $32,000 in cash was found in Grandma’s safe-deposit box and divided among the surviving children.
I’ve also been told that money was moved from Grandma’s accounts after her death into an account controlled by my aunt to pay expenses.
There was apparently also a tax rebate/refund check received after Grandma died that was cashed or deposited.
I do not yet have complete documentation showing the exact amounts, accounts, dates, endorsements, or ultimate disposition of all these funds, which is precisely why I am asking for an accounting rather than claiming I know exactly what happened.
There’s another piece that predates Grandma’s death and concerns me even more.
The day before Grandma died, I personally heard my aunt state that they had emptied some of Grandma’s investment/bank accounts to “hide” money in case Grandma needed medical assistance so the state couldn’t take it.
Again, I don’t yet have the financial records necessary to determine exactly what transactions she was referring to.
I have now formally requested an accounting, financial records, information concerning my deceased father’s share, and the filing of the original will.
I emailed my aunt and also sent a certified demand letter. I have proof that it was delivered.
I have also been working toward opening formal probate myself and requesting supervised administration, preservation/delivery of the original will, an accounting, and appointment of an appropriate Personal Representative or Special Administrator so someone with actual legal authority can preserve records and determine what happened.
My concern is bigger than simply “I want an inheritance.”
I want to know:
What did Grandma own before these changes?
What did she own when she died?
What beneficiary/ownership changes occurred while someone was acting under POA?
Who received those assets?
What happened to assets after her death?
Why was her will never probated?
Why were the four living children apparently treated differently from the descendants of the child who died first when the will specifically addresses that situation?
And most importantly:
Was Grandma’s actual estate plan honored?
My dad died before his mother. His death was devastating to his children. Seeing his entire branch of the family seemingly treated as though he simply ceased to exist has made this especially painful.
I’m not asking Reddit to determine that anyone committed a crime or stole anything. I don’t have enough documentation to make that assertion.
I’m trying to get the matter in front of a Minnesota probate judge so records can be obtained, transactions can be accounted for, and the facts can speak for themselves.
For anyone who has dealt with Minnesota probate litigation, POA accounting, beneficiary changes made by an attorney-in-fact, TODD disputes, constructive trusts, or supervised probate:
What would you be focusing on first?
Would you prioritize getting a neutral/special administrator appointed before pursuing discovery?
Would you subpoena the financial institutions directly rather than relying on family members to voluntarily produce records?
And if beneficiary designations or ownership interests were changed by someone acting under a POA for their own benefit, what records would you consider most important to obtain?
I’m already speaking with attorneys, but the potential cost of litigating this is significant when I don’t even know the true size of the estate yet.
I’d especially appreciate hearing from anyone who has been through something similar in Minnesota.