Can someone challenge an intestate succession after the estate has already been distributed?
Yes, someone can challenge an intestate succession after the estate has already been distributed in Minnesota. This is because challenges to intestate succession are governed by Minnesota Statute 524.2-802, which states that any person aggrieved by an intestate succession can challenge it within six months. After six months, the challenge must be brought as an action in court, which must be brought within two years of the date of the distribution of the estate. In the event that someone wishes to contest an intestate succession after the estate has already been distributed, they must prove two things: that they would be entitled to a greater portion of the estate if the intestate succession were declared invalid, and that they were unaware of the intestate succession before it was distributed. In some cases, it may be possible to prove that the intestate succession does not accurately reflect the intentions of the deceased. In that case, the person challenging the succession may be able to have it overturned. The process of challenging an intestacy succession in Minnesota can be daunting and time consuming, so it is important to weigh the potential costs and benefits before deciding to go forward with a challenge. It may be helpful to get advice from an attorney, who can help explain the risks and benefits involved in challenging the intestate succession.
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