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Creditors’ Rights To Seek A Determination Of Descent

April 29, 2014

Authors

Luke Lantta

Creditors’ Rights To Seek A Determination Of Descent

April 29, 2014

by: Luke Lantta

It’s a rare occurrence that someone would seek to not inherit assets from an estate.  But, if the heir has a judgment against him or her that would be satisfied by that inheritance, then there may be a reason to try to avoid taking from the estate.  What rights might a creditor have to force a reluctant heir to take estate property to satisfy the creditor’s judgment against the heir?  In Estate of Pawlik, the Court of Appeals of Minnesota told us how it works in Minnesota.

In Minnesota, a judgment creditor of an heir has a property right in a decedent’s estate if the judgment could be satisfied by the heir’s inherited property.  Thus, that creditor is an interested person who has standing to bring a petition for determination of descent under the applicable Minnesota statutes.

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