When people age, they may move to or be placed into a nursing home which is not in the county where that person intended to reside permanently. This creates an question as to the meaning of the word “domicile” as it applies to a probate administration when that person dies.
When a person passes away, whether they had a Will or they died intestate, their estate may need to be probated. The proper county of venue is where the deceased person was domiciled. However, when people move to nursing homes or other care facilities, it is questionable whether their domicile has now changed.
Minnesota probate law, domicile and “intent”
Minnesota Statute 524.3-201 tells us that venue, for probate administrations, is determined by county of domicile at the deceased person (decedent’s) death. However, that raises the question: what does the term “domicile” mean?
Minnesota legislators have not chosen to concretely define the meaning of that term in the probate code. Therefore, looking elsewhere becomes necessary. Minnesota Administrative Law tells us that:
“Domicile” is “the bodily presence of an individual person in a place coupled with an intent to make such a place one’s home.” Minn. R. 8001.0300, subp. 2. “The domicile of any person is that place in which that person’s habitation is fixed, without any present intentions of removal therefrom, and to which, whenever absent, that person intends to return.” Id.
While this definition is helpful, I would argue that the definition does not necessary apply to probate law but is rather an administrative law definition. However, absent clear definitions by the legislature, attorneys must make arguments as to their interpretation of the law.
The question of “intent”
Accepting that the definition of “domicile” is somewhat unclear as it applies to probate venue, one additional question one might ask is: whether or not a person “intended” to stay in a nursing home long-term or only for a short period of time. In my opinion, as a practicing probate lawyer, the issue of intent is subject to interpretation.
It is my opinion that a reasonable interpretation of “intention” for establishment of domicile is where a person lived long-term, had bank accounts, had investment accounts, and at other further connections throughout his or her lifetime. A person often does not consider a nursing home in a faraway county as a place where they “intended” to reside.
Furthermore, many individuals, as they age, do not want to reside in a nursing home, they simply have little other choice than to be there. Yet, we know that the elderly often do not improve dramatically and may never leave the nursing home – even if their stay last several years. Although this is unfortunate, in my humble opinion, it does not change the statutory interpretation of “intention” as it defines domicile.
In essence, the “intent” of where someone wants to stay, permanently and/or the county where someone has the most about connections throughout his or her lifetime should establishes domicile for purpose of probate venue. It is the place they consider “home”.
UPDATE as of March 3, 2015
After writing this post, I was made aware of the case of In re: Estate of James G. Lindell, out of the Minnesota Court of Appeals (Minn. App. 12/29/2014) (unpublished).
In this case, the Minnesota Court of Appeals issued a finding that discussed the meaning of “intent” as it applied to a decedent’s homestead property. The case if very fact specific, and an attorney should be consulted if you are facing this issue. However, it is important to point out that the court has issued an opinion that has bearing on the issue of “intent” as if applies to a probate estate and a “homestead” asset. The homestead conversation is much to long to flesh-out in this format; however, it is important to read this case if you are facing an issue of interpreting the meaning of “intent” as it applies to domicile and probate administration in Minnesota.
Minnesota probate lawyers and attorneys
To speak with a Minnesota probate attorney or lawyer, for a free consultation, contact Joseph M Flanders at Flanders Law Firm LLC at 612-424-0398.
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