578.01 DEFINITIONS. Subdivision 1. Generally. For the purpose of sections 578.01, 578.02, 578.08, 578.10, and 578.15 to 578.21, the terms defined in this section have the meanings given them. Subd. 2. Court. “Court” means the court having probate jurisdiction for the county where an absentee last resided. Subd. 3. Person. “Person in interest” means the […]
578.02 ABSENTEES; POSSESSION, MANAGEMENT, AND DISPOSITION OF PROPERTY. If a person entitled to or having an interest in property within or without the jurisdiction of the state has disappeared or absconded from the place within or without the state where last known to be, and has no agent in the state, and it is not […]
578.03 WARRANT; SHERIFF TO TAKE POSSESSION OF PROPERTY; FEES AND COSTS. The court may thereupon issue a warrant directed to the sheriff or a deputy, which may run throughout the state, commanding the officer to take possession of the property named in the schedule and hold it subject to the order of the court and […]
578.04 NOTICE OF SEIZURE; APPOINTMENT OF RECEIVER; DISPOSITION OF PROPERTY. Upon the return of such warrant, the court may issue a notice reciting the substance of the petition, warrant, and officer’s return, which shall be addressed to such absentee and to all persons who claim an interest in such property, and to all whom it […]
578.05 PUBLICATION OF NOTICE. The return day of the notice shall be not less than 30, nor more than 60, days after its date. The court shall order the notice to be published once in each of three successive weeks in one or more newspapers within the state, and to be posted in two or […]
578.06 HEARING BY COURT; DISMISSAL OF PROCEEDING; APPOINTMENT AND BOND OF RECEIVER. The absentee, or any person who claims an interest in any of the property, may appear and show cause why the prayer of the petition should not be granted. The court may, after hearing, dismiss the petition and order the property in possession […]
578.07 TRANSFER OF PROPERTY TO RECEIVER. After the receiver gives its bond the court may order the sheriff or a deputy to transfer and deliver to such receiver the possession of the property under the warrant, and the receiver shall file in the office of the court administrator a schedule of the property received. History: […]
578.08 ADDITIONAL PROPERTY; RECEIVER TO TAKE POSSESSION. The receiver, after filing a petition, may be authorized and directed to take possession of any additional property, including a business concern, within or without the state which belongs to such absentee and to demand and collect all debts due the absentee from any person within or without […]
578.09 WHERE NO CORPOREAL PROPERTY; RECEIVER; BOND. If the absentee has left no corporeal property within or without the state, but there are debts and obligations due or owing to the absentee from persons within or without the state, a petition may be filed, as provided in section 578.02, stating the nature and amount of […]
578.10 CARE OF PROPERTY; LEASE; SALE; CONTROL OF BUSINESS. Subdivision 1. Order for care of property. The court may make orders for the care, custody, leasing, and investing of all property and its proceeds in the possession of the receiver. If any of the property consists of assets subject to likely rapid decline in value […]
578.11 ADVANCE LIFE INSURANCE PAYMENTS TO ABSENTEE’S BENEFICIARY. If the beneficiary under an insurance policy on the life of an absentee is the absentee’s spouse, child, or other person dependent upon the absentee for support and advance payments under the policy are necessary to support and maintain the beneficiary, the beneficiary shall be entitled to […]
578.12 HEARING BY COURT; DETERMINATION OF RIGHT TO ADVANCE LIFE INSURANCE PAYMENTS. Subdivision 1. Petition for hearing. A petition may be filed requesting a hearing to determine entitlement to advance payment under an insurance policy on the life of an absentee. The petition shall contain the beneficiary’s name, address, relationship to absentee, and the grounds […]
578.13 REAPPEARANCE OF ABSENTEE. Subdivision 1. Insurance payments; reduction. If an absentee is declared dead after advance insurance payments have been made pursuant to section 578.12, the amount payable under the policy shall be reduced by the total amount of payments made under section 578.12. Subd. 2. Reimbursement of insurer. If an absentee is found […]
578.14 USE OF PROCEEDS. The court may order the property or its proceeds acquired by mortgages, lease, or sale to be applied in payment of charges incurred or that may be incurred in the support and maintenance of the absentee’s spouse and minor child or children, and to the discharge of such debts and claims […]
578.15 CLAIMS; ADJUSTMENT BY RECEIVER. The court may authorize the receiver to adjust by arbitration or compromise any demand in favor of or against the estate of the absentee. The court may authorize the receiver to pay all taxes for which the absentee is liable and all taxes assessed on the absentee’s property. History: (8080-11) […]
578.16 PRESUMPTION OF DEATH FROM ABSENCE. An absentee who is missing for a continuous period of four years, during which, after diligent search, the absentee has not been seen or heard of or from, and whose absence is not satisfactorily explained, shall be presumed, in any action or proceeding involving the property of the person, […]
578.17 HEARING BY COURT; DETERMINATION OF DEATH OF AN ABSENTEE. Subdivision 1. Request hearing. A person in interest may request a hearing in the following circumstances: (1) if an absentee is absent from the domicile without being in communication after being exposed to a specific peril and a diligent search has been made; or (2) […]
578.18 DEGREE OF BURDEN OF PROOF. The burden of proof is on the party bringing the action to declare the absentee dead. If there is a showing that the absentee was exposed to a specific peril at the time of disappearance the burden of proof shall be by a fair preponderance of the evidence. If […]
578.19 DISSOLUTION OF MARRIAGE. If the court finds the absentee dead in accordance with section 578.17, the absentee’s marriage is dissolved. The court shall enter the conclusion of law dissolving the marriage on the order which establishes the death of the absentee as a matter of law. History: 1974 c 447 s 14; 1986 c […]
578.20 COMPENSATION OF RECEIVER; TITLE OF ABSENTEE LOST AFTER FOUR YEARS. The receiver shall be allowed compensation and disbursements as provided in this chapter. If, within four years after the date of the disappearance or absconding, as found and recorded by the court, the absentee appears, and has not been declared dead under section 578.17, […]
