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If you die without an estate plan, the state of Minnesota will create one for you. A person who dies without a will it happens with some frequency and in those cases we look to the statute to determine who the beneficiaries will be. In most cases, it’s the spouse or children but I have been involved in situations where its third and fourth cousins who don’t even know the person who passed away. So it could be a windfall for somebody that the decedent didn’t even intend or even know for that matter to receive some of his or her assets. And in administering an estate for a person who’s passed away without a will the court and the statute will also tell us who’s responsible for administering the estate. Who’s going to oversee who gets what and in most cases that person is a relative or a close friend of the person who passed away, but not necessarily.
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Minneapolis estate planning attorney, Nicholas Kaster, explains what happens if you die without a will.