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In the Matter of the Estate of: Janet Rae Pawlik, a/k/a Janet R. Pawlik, a/k/a Janet Pawlik. MN probate, judgment creditor
In this appeal from Hennepin County District Court, Hon. Dean Maus, the Minnesota Court of Appeals held that a creditor who has a property right in or claim against a decedent's estate is an interested person under Minn. Stat. 524.1-201(32). Therefore, the creditor has standing to petition for a determination of descent under Minn. Stat. 525.31. A judgment creditor of an heir has a property right in a decedent's estate if the judgment can be satisfied by the heir's inherited property.
No. A13-1628 (Minn. Ct. App. April 14, 2014).
Please see the original opinion for the court's exact language.
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Richard P. Clem is an attorney and continuing legal education (CLE) provider in Minnesota. He has been in private practice in the Twin Cities for 25 years. He has a J.D., cum laude, from Hamline University School of Law in St. Paul and a B.A. in History from the University of Minnesota. His reported cases include: Asociacion Nacional de Pescadores a Pequena Escala o Artesanales de Colombia v. Dow Quimica de Colombia, 988 F.2d 559, rehearing denied, 5 F.3d 530 (5th Cir. 1993), cert. denied, 510 U.S. 1041 (1994); LaMott v. Apple Valley Health Care Center, 465 N.W.2d 585 (Minn. Ct. App. 1991); Abo el Ela v. State, 468 N.W.2d 580 (Minn. Ct. App. 1991).
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