Judgment Creditor May Intervene in Probate Matter

Minnesota case law summary by Attorney Richard Clem: probate, judgment creditor.

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.


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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