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Thread started 05/02/16 7:53am

MMJas

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The "no will" situation

Something that just occurred to me and I don't know how the law works in the States regarding this, but... how coud Prince's sister file a "no will" claim? I mean, if the Vault had not been opened yet, there was still that possibility of there being a will inside, right? Can you file a "no will" claim even though the place had not been thouroughly checked? Also, if at same point a will does come up, how will that change things?

Him having no will just does not sink in with me, for some reason...

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Reply #1 posted 05/02/16 8:00am

nelcp777

MMJas said:

Something that just occurred to me and I don't know how the law works in the States regarding this, but... how coud Prince's sister file a "no will" claim? I mean, if the Vault had not been opened yet, there was still that possibility of there being a will inside, right? Can you file a "no will" claim even though the place had not been thouroughly checked? Also, if at same point a will does come up, how will that change things?

Him having no will just does not sink in with me, for some reason...

Perhaps the claim that was filed was done so after speaking with none attorneys that Prince had employed. In addtion, maybe during the search of Paisley Park a will was not discoverd. Bases on the early results, the claim was filed.

This, in my opinion, was a good move. A 3rd party was appointed over Prince's estate. In theory, the trustee should be impartial.

CNN just posted that Bremer will remain the special administrator and that all potential heirs have been reached and provided in the document. In addition, a search will continue for a possible will per the article on CNN:

http://www.cnn.com/2016/05/02/entertainment/prince-estate/index.html

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Reply #2 posted 05/02/16 8:03am

MMJas

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nelcp777 said:

MMJas said:

Something that just occurred to me and I don't know how the law works in the States regarding this, but... how coud Prince's sister file a "no will" claim? I mean, if the Vault had not been opened yet, there was still that possibility of there being a will inside, right? Can you file a "no will" claim even though the place had not been thouroughly checked? Also, if at same point a will does come up, how will that change things?

Him having no will just does not sink in with me, for some reason...

Perhaps the claim that was filed was done so after speaking with none attorneys that Prince had employed. In addtion, maybe during the search of Paisley Park a will was not discoverd. Bases on the early results, the claim was filed.

This, in my opinion, was a good move. A 3rd party was appointed over Prince's estate. In theory, the trustee should be impartial.

CNN just posted that Bremer will remain the special administrator and that all potential heirs have been reached and provided in the document. In addition, a search will continue for a possible will per the article on CNN:

http://www.cnn.com/2016/05/02/entertainment/prince-estate/index.html

I too think it was a good move to nominate an independent trustee, for sure. Was just not certain you could just file a claim like that so soon, but it makes sense if there's still a search for a will going on.
According to Prince's half brother, the Vault was not drilled, so perhaps there's still hope.

[Edited 5/2/16 8:04am]

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Reply #3 posted 05/02/16 8:41am

Eileen

MMJas said:

Something that just occurred to me and I don't know how the law works in the States regarding this, but... how coud Prince's sister file a "no will" claim? I mean, if the Vault had not been opened yet, there was still that possibility of there being a will inside, right? Can you file a "no will" claim even though the place had not been thouroughly checked? Also, if at same point a will does come up, how will that change things?

Him having no will just does not sink in with me, for some reason...


She didn't file a "no will" claim really, not like what you are asking. An executor, trustee, or next of kin has to begin the estate settlement (probate) process with the court. At that time they have to tell the court what they know about the existence of a will (or present one). In the meantime, they couldn't legally break into the vault even to look for a will. But once it's time to determine the assets, the vault must be opened. It has nothing to do with greed or vultures or any of those things some folks on here are saying - it's the law, it applies to Prince and everyone else too.


"How will that change things?" would depend upon what the will says. However an estate this complex, there is no chance that the oversight of the probate court would suddenly end... there are too many issues, too many players, too many assets.


Minnesota follows the Uniform Probate Code.

http://www.mncourts.gov/H...tates.aspx

When is probate necessary?

  • If a person dies and owns real estate (regardless of value) either in his/her name alone or as a "tenant in common" with someone else, a probate proceeding is required.
  • When a person dies and has no real property, but has personal property in his/her name alone totaling $50,000 or more, a probate proceeding must be filed.
  • When a person passes away and has a combination of real property and any amount of personal property in his/her name alone, a probate must be filed.

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Reply #4 posted 05/02/16 8:52am

nelcp777

MMJas said:

I too think it was a good move to nominate an independent trustee, for sure. Was just not certain you could just file a claim like that so soon, but it makes sense if there's still a search for a will going on.

According to Prince's half brother, the Vault was not drilled, so perhaps there's still hope.

[Edited 5/2/16 8:04am]

It will be interesting to see how this goes. Sounds like the Judge is not ready to rule that there is not a will. I wonder if they may have more knowledge than the public as this time? Or could be that the Judge wants to ensure all avenues have been pursued before a no will ruling is made.

Either way, I get this eiry feeling of the Vault right now. Not a bad thing. Just quiet and alone. Kinda wierd and hard to describe.

On a side note, I have never been to Paisley Park. Does the studio have internal video cameras?

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Reply #5 posted 05/02/16 9:04am

MMJas

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Eileen said:

MMJas said:

Something that just occurred to me and I don't know how the law works in the States regarding this, but... how coud Prince's sister file a "no will" claim? I mean, if the Vault had not been opened yet, there was still that possibility of there being a will inside, right? Can you file a "no will" claim even though the place had not been thouroughly checked? Also, if at same point a will does come up, how will that change things?

Him having no will just does not sink in with me, for some reason...


She didn't file a "no will" claim really, not like what you are asking. An executor, trustee, or next of kin has to begin the estate settlement (probate) process with the court. At that time they have to tell the court what they know about the existence of a will (or present one). In the meantime, they couldn't legally break into the vault even to look for a will. But once it's time to determine the assets, the vault must be opened. It has nothing to do with greed or vultures or any of those things some folks on here are saying - it's the law, it applies to Prince and everyone else too.


"How will that change things?" would depend upon what the will says. However an estate this complex, there is no chance that the oversight of the probate court would suddenly end... there are too many issues, too many players, too many assets.


Minnesota follows the Uniform Probate Code.

http://www.mncourts.gov/H...tates.aspx

When is probate necessary?

  • If a person dies and owns real estate (regardless of value) either in his/her name alone or as a "tenant in common" with someone else, a probate proceeding is required.
  • When a person dies and has no real property, but has personal property in his/her name alone totaling $50,000 or more, a probate proceeding must be filed.
  • When a person passes away and has a combination of real property and any amount of personal property in his/her name alone, a probate must be filed.

Thank you for that.

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Reply #6 posted 05/02/16 9:05am

MMJas

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nelcp777 said:

MMJas said:

According to Prince's half brother, the Vault was not drilled, so perhaps there's still hope.

[Edited 5/2/16 8:04am]

It will be interesting to see how this goes. Sounds like the Judge is not ready to rule that there is not a will. I wonder if they may have more knowledge than the public as this time? Or could be that the Judge wants to ensure all avenues have been pursued before a no will ruling is made.

Either way, I get this eiry feeling of the Vault right now. Not a bad thing. Just quiet and alone. Kinda wierd and hard to describe.

On a side note, I have never been to Paisley Park. Does the studio have internal video cameras?

I was under the impression that there were survaillance cameras everywhere in PP.

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Reply #7 posted 05/02/16 9:08am

Eileen

nelcp777 said:

Sounds like the Judge is not ready to rule that there is not a will. I wonder if they may have more knowledge than the public as this time? Or could be that the Judge wants to ensure all avenues have been pursued before a no will ruling is made.



It sounds like you've been avoiding all the court news thus far. The Judge already ruled last week that there is no will, that's why the bank was appointed temporary administrator of the estate.

If a will surfaces at some point in the future, it has to be presented to the court and the court will decide whether or not to accept it as valid.



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Reply #8 posted 05/02/16 9:12am

1contessa

This is just all so sad! The man hasn't been gone for 2 full weeks, and already they're fighting over his money and all that he worked for and created. I wish that Prince would have left a will, detailing every bit of exactly where he wanted everyhing to go in the event of his death, it's puzzling to me that he didn't, or maybe he just didn't care, because he knew that he wouldn't have to deal with it anyway?

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Reply #9 posted 05/02/16 9:15am

tnhybrid

Creative people are notoriously bad about doing paperwork. I feel sure there's probably a 'thief manager' tale or similar in P's background because it probably wasn't his favorite thing to do.

Also, who wants to sit around and contemplate his demise? Prince was relatively young. Although, it does seem odd that in some ways he indicated he knew he wasn't doing well and STILL didn't write anything up.

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Reply #10 posted 05/02/16 9:18am

nelcp777

Eileen said:

nelcp777 said:

Sounds like the Judge is not ready to rule that there is not a will. I wonder if they may have more knowledge than the public as this time? Or could be that the Judge wants to ensure all avenues have been pursued before a no will ruling is made.



It sounds like you've been avoiding all the court news thus far. The Judge already ruled last week that there is no will, that's why the bank was appointed temporary administrator of the estate.

If a will surfaces at some point in the future, it has to be presented to the court and the court will decide whether or not to accept it as valid.



My conclusion was from the article I read from CNN which stated that. CNN has now updated the article and there is no longer a mention of the Judge not officially ruling no will exists.

Link: http://www.cnn.com/2016/0...index.html

I do agree with you, if one is found at a later date, that will supercede any prior rulings. That is if it is valid.

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Reply #11 posted 05/02/16 9:21am

alandail

1contessa said:

This is just all so sad! The man hasn't been gone for 2 full weeks, and already they're fighting over his money and all that he worked for and created. I wish that Prince would have left a will, detailing every bit of exactly where he wanted everyhing to go in the event of his death, it's puzzling to me that he didn't, or maybe he just didn't care, because he knew that he wouldn't have to deal with it anyway?

I haven't seen anything to indicate they are fighting over the money. THey do have to go through the courts to settle the estate.

I am really surprised that he fought so hard to get ownership of his music, but didn't have a will in place to ensure his music was properly managed after his death.

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Reply #12 posted 05/02/16 9:26am

nelcp777

Also an interesting summation of todays affairs at court at:

http://www.usatoday.com/story/life/music/2016/05/02/princes-death-day-12-estate-hearing-begins-could-last-only-minutes/83817504/

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Reply #13 posted 05/02/16 9:38am

MMJas

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Eileen said:

nelcp777 said:

Sounds like the Judge is not ready to rule that there is not a will. I wonder if they may have more knowledge than the public as this time? Or could be that the Judge wants to ensure all avenues have been pursued before a no will ruling is made.



It sounds like you've been avoiding all the court news thus far. The Judge already ruled last week that there is no will, that's why the bank was appointed temporary administrator of the estate.

If a will surfaces at some point in the future, it has to be presented to the court and the court will decide whether or not to accept it as valid.



This is what I was trying to get at. If the judge has already accepted there's no will and a will does turn up, would this not overide the previous decision?

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Reply #14 posted 05/02/16 9:45am

Eileen

MMJas said:

Eileen said:

It sounds like you've been avoiding all the court news thus far. The Judge already ruled last week that there is no will, that's why the bank was appointed temporary administrator of the estate.

If a will surfaces at some point in the future, it has to be presented to the court and the court will decide whether or not to accept it as valid.

This is what I was trying to get at. If the judge has already accepted there's no will and a will does turn up, would this not overide the previous decision?


It would spawn new decisions which may or may not override the previous ones or may cause them to be restated based on the new information. Is this will valid? Are there new or different heirs? Should there be a different executor? etc. That's why I said it depends upon what is in the will. But yes, at the most basic level all the new decisions would need to be followed and would override any previous, conflicting decisions.


[Edited 5/2/16 9:46am]

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Reply #15 posted 05/02/16 9:47am

MMJas

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Eileen said:

MMJas said:

This is what I was trying to get at. If the judge has already accepted there's no will and a will does turn up, would this not overide the previous decision?


It would spawn new decisions which may or may not override the previous ones or may cause them to be restated based on the new information. Is this will valid? Are there new or different hiers? Should there be a different executor? etc. That's why I said it depends upon what is in the will. But yes, at the most basic level all the new decisions would need to be followed and would override any previous, conflicting decisions.

Ok, thanks for the clarification.
I all honesty, I couldn't care less what happens to his money, I just wish he had left instructions for his legacy.

[Edited 5/2/16 9:48am]

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Reply #16 posted 05/02/16 9:58am

Eileen

nelcp777 said:

Eileen said:

It sounds like you've been avoiding all the court news thus far. The Judge already ruled last week that there is no will, that's why the bank was appointed temporary administrator of the estate.

If a will surfaces at some point in the future, it has to be presented to the court and the court will decide whether or not to accept it as valid.

My conclusion was from the article I read from CNN which stated that. CNN has now updated the article and there is no longer a mention of the Judge not officially ruling no will exists.

Link: http://www.cnn.com/2016/0...index.html

I do agree with you, if one is found at a later date, that will supercede any prior rulings. That is if it is valid.


Ah, I see the language you are talking about in the new USA Today article also:

"Eide said he's not ruling yet that there is no will, just that one has not been found yet."


Which contradicts what last week's coverage said. There may be some reporting semantics going on with what the judge says in discussion/comments vs actual rulings. Also various media are likely copying quotes from each other.

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Reply #17 posted 05/02/16 10:28am

1contessa

alandail said:

1contessa said:

This is just all so sad! The man hasn't been gone for 2 full weeks, and already they're fighting over his money and all that he worked for and created. I wish that Prince would have left a will, detailing every bit of exactly where he wanted everyhing to go in the event of his death, it's puzzling to me that he didn't, or maybe he just didn't care, because he knew that he wouldn't have to deal with it anyway?

I haven't seen anything to indicate they are fighting over the money. THey do have to go through the courts to settle the estate.

I am really surprised that he fought so hard to get ownership of his music, but didn't have a will in place to ensure his music was properly managed after his death.

Then you must not have read the reports of Tyka storming out of a get together over the will, and each of them lawyering up?

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Reply #18 posted 05/02/16 10:43am

trc1

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Wasn't there a will years ago with his cat Paisley mentioned in it?
"I don't make the rules. I just play"
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Reply #19 posted 05/02/16 10:52am

Azifwekare319

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I find it hard to believe that Prince, someone so in control of his life's work (or at least seeking it), didn't leave any kind of will, especially in these last few months.

If you ever lose someone dear 2 U, never say the words "they're gone". They'll come back.
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Reply #20 posted 05/02/16 11:00am

beatz01

Also, what about this specific Minnesota law, where someone can file a will secretly with the court and then will only be found and disclosed when the death certificate has been issued (which hasn't been issued in P's case yet because toxiology results haven't come in yet) ? Like, how can a "no will" be either requested or been issued when the whole procedure (toxilogy, death certificate, search for a potential "secret" will) hasn't been completed ??

I don't get this.

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Reply #21 posted 05/02/16 11:43am

nelcp777

1contessa said:

alandail said:

I haven't seen anything to indicate they are fighting over the money. THey do have to go through the courts to settle the estate.

I am really surprised that he fought so hard to get ownership of his music, but didn't have a will in place to ensure his music was properly managed after his death.

Then you must not have read the reports of Tyka storming out of a get together over the will, and each of them lawyering up?

I have not heard of this happening. I missed it.

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Reply #22 posted 05/02/16 11:46am

nelcp777

Eileen said:

nelcp777 said:

My conclusion was from the article I read from CNN which stated that. CNN has now updated the article and there is no longer a mention of the Judge not officially ruling no will exists.

Link: http://www.cnn.com/2016/0...index.html

I do agree with you, if one is found at a later date, that will supercede any prior rulings. That is if it is valid.


Ah, I see the language you are talking about in the new USA Today article also:

"Eide said he's not ruling yet that there is no will, just that one has not been found yet."


Which contradicts what last week's coverage said. There may be some reporting semantics going on with what the judge says in discussion/comments vs actual rulings. Also various media are likely copying quotes from each other.

Thanks. I thought after your intitial reply to my post I may have mis-read it or my mind was going bad. It is a bit conflicting. I think of all the articles, USA today has been organized the best. It may not have all the information.

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Reply #23 posted 05/02/16 1:51pm

violectrica

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Even before the no will claim I was like...yeah the will is in the vault. Funny a mere fan could think that but not occur to family.
No matter the ©️, Paisley Park "official can never ™️ prince. He gave that to us verbally on Oprah in 1996. You can't take prince away from us, corporate. I mean O ( + >
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Reply #24 posted 05/02/16 1:56pm

Bohemian67

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A will can surely only be valid if filed at an Attorney's office, even if it is hidden somewhere. Unless Prince gave instructions to wait a while before announcing it, just to joke and cause some controversy. I sincerely hope there is a will, it's just so much easier for the family. In some ways he was so materialistic. But then if he really didn't leave a will, then he really just didn't care about materialism at all, even just for practicality. Quite shocked at this all quite honestly. I mean leaving money to charities, that's what I though Prince would have done.

"Free URself, B the best that U can B, 3rd Apartment from the Sun, nothing left to fear" Prince Rogers Nelson - Forever in my Life -
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Reply #25 posted 05/02/16 2:01pm

Revolution

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Maybe he felt that he did all of the work himself for all of those years, its time his family put in some work.
Thanks for the laughs, arguments and overall enjoyment for the last umpteen years. It's time for me to retire from Prince.org and engage in the real world...lol. Above all, I appreciated the talent Prince. You were one of a kind.
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Reply #26 posted 05/02/16 2:11pm

Eileen

beatz01 said:

Also, what about this specific Minnesota law, where someone can file a will secretly with the court and then will only be found and disclosed when the death certificate has been issued (which hasn't been issued in P's case yet because toxiology results haven't come in yet) ? Like, how can a "no will" be either requested or been issued when the whole procedure (toxilogy, death certificate, search for a potential "secret" will) hasn't been completed ??

I don't get this.



As discussed in the other thread, a death certificate can be issued without a cause of death. (I know you saw it but others might not have.)

Also as explained above in the thread, in "Reply #3", it is not that a "no will" has been requested, it's a little different than that.

People can't (legally) just do things willy-nilly because somebody is deceased. You can't just bring a body to a funeral home and expect them to bury or cremate it on your say so. There are numerous legal documents and requirements that have to be filled out, issued, filed, followed.

In a case like this the court has to note probably multiple times that there is "no will" because that is the basis of the decisions they are making. They are compiling the list of heirs following state inheritance laws because there is no will. They appointed the bank as administrators because there is no will. They can't refuse to make decisions because nobody has yet turned in a will.

It was Prince's responsibility to ensure that a will would be available. It's not the court's job to indefinitely search or indefinitely wait for one - in fact they can't do that. That would be unfair to the heirs.

And again, as noted already in the thread, if a will is found later (within legal limits), the court can still accept it as valid. But the more time goes by, the more that some things can't be "fixed" to accomodate what might be in a will. If Prince wanted to be buried in a purple casket, nothing can be done about that now.



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Reply #27 posted 05/02/16 2:13pm

GeniusLuv

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Is is possible that Prince, not having any children (living) and with no current spouse (2 divorces behind him) he just didn't care anymore..and that his money just wasn't that important, especially with ailing health?

Could he have just stopped caring???

I know its hard to believe....he was such a smart business man and a fiercley private person that you'd think that even without a family of his own he'd want to avoid relatves coming out of the woodwork, fighting it out and possibly exposing things he possibly would not want out there in the world??????

Just saying..maybe he just gave up, wasn't caring so much about his millions anymore.....without the things (or people) he wanted most in the world sad

.

[Edited 5/2/16 14:15pm]

''The beautiful ones they hurt you every tiiiiime....''

yes RIP BEAUTIFUL ONES: Prince & Denise 2016
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Reply #28 posted 05/02/16 2:18pm

lastdecember

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The Will would have to been registered somewhere, he couldnt just write it and stick it in the Vault and then when it was opened, have it become law. As it was said the attorneys he had probably all spoke to her or she with them, or maybe she spoke to him about it, if he was forthcoming about his death whether he knew it was coming or not. But also it could just be Prince being what he always was, different, maybe he saw what other families did that HAD WILLS, law suits up the ying yang. Maybe he just wanted it to play out and let people choose there own destiny for themselves.


"We went where our music was appreciated, and that was everywhere but the USA, we knew we had fans, but there is only so much of the world you can play at once" Magne F
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Reply #29 posted 05/02/16 2:18pm

Eileen

violectrica said:

Even before the no will claim I was like...yeah the will is in the vault. Funny a mere fan could think that but not occur to family.


I'm not sure why you'd say that. ?? They aren't allowed to drill open the vault because it occurs to them. The court can't rule that an unseen will exists because it occurs to them. Nothing would be different than it is right now whether it occurred to them or not. They have to follow the law.

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