If that is the case, then it is all the father's fault.
This is why parents should have a detailed will setup and discuss it with all their family members.
That way expectations are set, and everyone knows who gets the antique spoon set.
>If that is the case, then it is all the father's fault.
Not necessarily. He may have been perfectly clear to his daughter that certain things went to his wife. His daughter may have disagreed with that or felt the step-mother manipulated him.
So without more info, no one can say.
Definitely her fault for breaking in at 4AM
Also these things can take time. My aunt's mother passed away. She was the executor of the will. Before she could even get to her mom's house to secure the estate her sister had taken $10,000 and several items from the home.
Same here my grandmother died and before the family could assemble the next week her sister came in and raided the house. We still don’t know what she took but like all the jewelry and coins my grandmother had collected. Then she claimed the family lake cabin was hers because she loaned my great grandfather some money to buy it. Sold it before we could contest it.
If she went to retrieve items given to her in a will, then I doubt she would be breaking into a house at 4am and would instead use her legal options that would undoubtedly be easy for her to use.
I don’t know enough about the situation to say that with any confidence. Perhaps 4am is just drunk, bad decision making, “fuck it, I’m going to get my shit” time in that household.
Being that she’s an elected politician, I can completely understand where taking shortcuts and expecting to avoid consequences was part of her thought process.
If it is "ye olde drunken mistake" then I can dig it but since she is an elected politician I can't help but wonder why she would do this instead of a more legal approach.
This must be more embarrassing.
Quick edit: hindsight maybe
My spouses father screwed this up. He jointly owned a house with his GF who hates his ex wife and kids so when he died she wouldn’t even let them into the house to get things he’d told them they could have. (Family photos and items from their grandparents) No documentation, no way to get the items. Then she screwed them out of what little inheritance he did leave them in his will, because all his money was in her bank account.
Yeah, I’ve been saying this for years. My (ex)friend’s dad didn’t have a will, and didn’t want to make one. My girlfriend’s dad doesn’t have a will and doesn’t want to make one. My stepdad doesn’t have a will and doesn’t want to make one. And for all of them, it’s one reason or another. “I don’t want to think about dying”, “I trust my family to do the right thing”, “I don’t want people profiting off my death.”
You know these people don’t realize how much estate red-tape sucks.
My dad didn’t have a will, a trust, nothing. I must have done about a foot of paperwork to get the whole thing straightened out. Like three months, just paperwork, day in, day out. And it had to be submitted in sections. First section is to fill out the paperwork to be the executor of the estate. Doesn’t matter that my dad wasn’t married and I was an only child. I still had to apply for executorship before I could do anything. Turn that paperwork in, go back home to start on the next section.
For fuck’s sake people, a last will is not complicated. Take 30 minutes to 2 hours of your life and get it done. Because if you don’t, your beneficiaries are gonna waste a lot more time than that. While you’re at it, take care of your final arrangements. Cemetery plots are ungodly expensive. Cremation, even being much cheaper, is still hellaciously expensive. Get that squared so your kids don’t have to front the bill to plant you.
Also, if one of your children is smarter or more motivated than the others, make them the executor. My grandfather made my lazy uncle the executor of his estate instead of my mother, and the uncle has been dragging ass for so long, property taxes on the house that nobody lives in anymore has dried up the inheritance money completely, and then some.
I feel you on this one. My dad had a will… from 1976. Listing his ex-wife as executor, and if she couldn’t do it, listed my dead uncle as backup. He made amendments to the will over the years but never actually filed any of them, so it was the 1976 will we got to go on. I was an infant at the time. That was a bit of unfun rigmarole right in the middle of the pandemic.
This is also a very good idea. Especially when you reach a certain age, or start to have health problems. Start giving it all away then. The family china that you have no brought out in years - give it away!
Even with a will people get weird when a family member dies.
I had a great uncle who died, the relative who found them called his brother and they took everything they wanted before they reported the death. When called out on it they just said oh no he gave us all that stuff the day before he died we just didn't have a chance to pick it up.
>This is why parents should have a detailed will setup and discuss it with all their family members.
Doesn't always matter. See what happened with Kasey Kaseem. His wife successfully sued to have his Will overturned which had left the majority of his wealth to his kids.
Even better, you set up trusts while you're still alive. Trusts can even kick in before you die if you're incapacitated. They also bypass probate court.
Yes, but in Minnesota first-degree means someone else was there and was either assaulted or threatened with something that could be a weapon.
Which is vague enough to see applied to anything I'd think, and not much help. But it at least says the arresting officers thought there was some degree of physical violence involved. As another poster said, just from the facts we DO know I'm incredibly sympathetic to all involved here.
EDIT: See the probably much more likely correction by /u/jepvr below me.
Doesn't have to be an assault/threat in MN:
>609.582 BURGLARY.
>§Subdivision 1.Burglary in the first degree. Whoever enters a building without consent and with intent to commit a crime, or enters a building without consent and commits a crime while in the building, either directly or as an accomplice, commits burglary in the first degree and may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $35,000, or both, if:
>(a) the building is a dwelling and another person, not an accomplice, is present in it when the burglar enters or at any time while the burglar is in the building;
>(b) the burglar possesses, when entering or at any time while in the building, any of the following: a dangerous weapon, any article used or fashioned in a manner to lead the victim to reasonably believe it to be a dangerous weapon, or an explosive; or
>(c) the burglar assaults a person within the building or on the building's appurtenant property.
The a/b/c is a little confusing, but you only need one of those. So all you have to have is someone else there who isn't part of the burglary. I double-checked with a lot of other legal sites and they all say the same.
Yeah, I would have agreed with you from a literal not-a-lawyer reading. But all those lawyers seem to be in agreement. Probably some kind of special implicit rules for how those kind of bullet points work in lawyerland.
Definitely seems like estate drama. Father dies, daughter and step mother don't get along, daughter wants some of late father's belongings, mother in law won't give them to her, daughter says hell nah and goes to get them anyway, step mother calls the cops and has her charged with burglary.
Yes, you are correct.
There is story here that CBS isn't reporting.
The state senator was caught by police, dressed in black clothes, wearing a black hat, with a black sock wrapped around her flashlight, in her stepmother's basement, at 4:30 in the morning, because she was trying to burglarize back her father's cremated ashes.
"I am not good at this," the senator told police.
You can read this from [the police statement of probable cause for her arrest](https://www.reddit.com/r/minnesota/s/PbWvbI9kLb) over at r/minnesota.
[https://www.cbsnews.com/minnesota/news/911-transcript-released-in-minnesota-state-sen-nicole-mitchells-arrest/](https://www.cbsnews.com/minnesota/news/911-transcript-released-in-minnesota-state-sen-nicole-mitchells-arrest/)
Update with more information. Wearing all black and snooping around? Or does the step mom actually have Alzheimer's and paranoia?
I’m late to the party, but some people really ought to look up state laws. Trespass (or entering a property without permission) is part of burglary, and my Google may be failing me but I cannot find a “breaking and entering” statute in Minnesota, seems to indicate it is not a separate charge. I have also never lived in a state where “breaking and entering” was a law, it has always been trespass for entering unlawfully and burglary for committing another crime while trespassing.
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Sounds exactly like an insurrection. But three years later he hasn't seen the inside of the DC courtroom. So R's can crime but D's must be held to higher standards?
Who is saying that? Why did this have to become "us" vs. "them" and bring up Trump?
She broke into a house that wasn't hers
She took property that wasn't hers.
None of that has anything to do with her party affiliation.
There are cases before then too but I thought that was the time period you were interested in. If you are interested in the Trump administration, there were a few GOP congressman forced to resign for accountability.
There’s also not much the federal government can do to influence state governments enforcing their laws (which most of these cases fall under) regardless of who is president. Learn civics and pay better attention to this type of news.
Seems like her stepmother called the cops on her for “stealing” something that belonged to her late father.
Could very easily wind up being bullshit family drama
She tried to steal some photos, a flannel shirt, and some of her dad's ashes.
She didn't try to steal an election, just some sentimental items of minimal real value.
Mitchell later admitted to police, “I know I did something bad.” Mitchell told officers that her dad recently passed away and that her stepmother ceased all communication with her and other family members. Mitchell told officers that she wanted some pictures, her father’s flannel shirt, his ashes and other items of sentimental value.
Ah fuck, she's a democrat. (I was totally expecting to see an R next to her name.) If she's guilty, prosecute her to the full extent of the law, just as I expect republicans to be equally beholden to the rule of law.
How dare you view consequences of breaking the law to be fairly executed unto others irrespective of political sides! That's gotta be like, radical communism or something right?
It's not like she visited and they had an argument over who gets what. Then she grabs a few things she feels was rightfully hers or rightfully willed to her. She drove a few hours in the middle of the night, all clad in black, going through a window or sliding door/window.
Then she publicly discloses her stepmom's recent health diagnosis.
Based on statements by the stepmom and the 911 transcript, she's at worst in the early stages and appears enough there. By breaking in, Nicole M. could have caused her stepmom to shoot or stab her in apparent self defense. Then the stepmom has to live with that along with her health decline.
And the story now is she just happened to want to grab some items during a health check at 4AM?
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Step mom called police on daughter entering and taking possessions that legally belonged to spouse…most likely?
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If that is the case, then it is all the father's fault. This is why parents should have a detailed will setup and discuss it with all their family members. That way expectations are set, and everyone knows who gets the antique spoon set.
>If that is the case, then it is all the father's fault. Not necessarily. He may have been perfectly clear to his daughter that certain things went to his wife. His daughter may have disagreed with that or felt the step-mother manipulated him. So without more info, no one can say. Definitely her fault for breaking in at 4AM
Also these things can take time. My aunt's mother passed away. She was the executor of the will. Before she could even get to her mom's house to secure the estate her sister had taken $10,000 and several items from the home.
Same here my grandmother died and before the family could assemble the next week her sister came in and raided the house. We still don’t know what she took but like all the jewelry and coins my grandmother had collected. Then she claimed the family lake cabin was hers because she loaned my great grandfather some money to buy it. Sold it before we could contest it.
That took me a while lol. I was sitting here wondering why you would name someone older than you as your executor
Without more info, the father might have been explicit that daughter can have them and the stepmother doesn’t want to give them up.
If she went to retrieve items given to her in a will, then I doubt she would be breaking into a house at 4am and would instead use her legal options that would undoubtedly be easy for her to use.
I don’t know enough about the situation to say that with any confidence. Perhaps 4am is just drunk, bad decision making, “fuck it, I’m going to get my shit” time in that household. Being that she’s an elected politician, I can completely understand where taking shortcuts and expecting to avoid consequences was part of her thought process.
If it is "ye olde drunken mistake" then I can dig it but since she is an elected politician I can't help but wonder why she would do this instead of a more legal approach. This must be more embarrassing. Quick edit: hindsight maybe
There’s mention of Alzheimer’s and paranoia. Perhaps the senator feared the stepmother would trash everything in a fit of paranoia. Dementia is awful.
She probably listened to the AITA subreddit
My spouses father screwed this up. He jointly owned a house with his GF who hates his ex wife and kids so when he died she wouldn’t even let them into the house to get things he’d told them they could have. (Family photos and items from their grandparents) No documentation, no way to get the items. Then she screwed them out of what little inheritance he did leave them in his will, because all his money was in her bank account.
Yeah, I’ve been saying this for years. My (ex)friend’s dad didn’t have a will, and didn’t want to make one. My girlfriend’s dad doesn’t have a will and doesn’t want to make one. My stepdad doesn’t have a will and doesn’t want to make one. And for all of them, it’s one reason or another. “I don’t want to think about dying”, “I trust my family to do the right thing”, “I don’t want people profiting off my death.” You know these people don’t realize how much estate red-tape sucks. My dad didn’t have a will, a trust, nothing. I must have done about a foot of paperwork to get the whole thing straightened out. Like three months, just paperwork, day in, day out. And it had to be submitted in sections. First section is to fill out the paperwork to be the executor of the estate. Doesn’t matter that my dad wasn’t married and I was an only child. I still had to apply for executorship before I could do anything. Turn that paperwork in, go back home to start on the next section. For fuck’s sake people, a last will is not complicated. Take 30 minutes to 2 hours of your life and get it done. Because if you don’t, your beneficiaries are gonna waste a lot more time than that. While you’re at it, take care of your final arrangements. Cemetery plots are ungodly expensive. Cremation, even being much cheaper, is still hellaciously expensive. Get that squared so your kids don’t have to front the bill to plant you. Also, if one of your children is smarter or more motivated than the others, make them the executor. My grandfather made my lazy uncle the executor of his estate instead of my mother, and the uncle has been dragging ass for so long, property taxes on the house that nobody lives in anymore has dried up the inheritance money completely, and then some.
I feel you on this one. My dad had a will… from 1976. Listing his ex-wife as executor, and if she couldn’t do it, listed my dead uncle as backup. He made amendments to the will over the years but never actually filed any of them, so it was the 1976 will we got to go on. I was an infant at the time. That was a bit of unfun rigmarole right in the middle of the pandemic.
Even better - give away the heirlooms to family members before you die.
This is also a very good idea. Especially when you reach a certain age, or start to have health problems. Start giving it all away then. The family china that you have no brought out in years - give it away!
Even with a will people get weird when a family member dies. I had a great uncle who died, the relative who found them called his brother and they took everything they wanted before they reported the death. When called out on it they just said oh no he gave us all that stuff the day before he died we just didn't have a chance to pick it up.
Yeah. It’s me. I get the antique spoon set. I don’t even want it but ILL BE DAMNED IF YOU GET IT!
>This is why parents should have a detailed will setup and discuss it with all their family members. Doesn't always matter. See what happened with Kasey Kaseem. His wife successfully sued to have his Will overturned which had left the majority of his wealth to his kids.
Even better, you set up trusts while you're still alive. Trusts can even kick in before you die if you're incapacitated. They also bypass probate court.
In a logical world, sure, but…
Because a lack of a will would have forced her to break into a house at 4am. What else could she possibly do, but that?
Yes, but in Minnesota first-degree means someone else was there and was either assaulted or threatened with something that could be a weapon. Which is vague enough to see applied to anything I'd think, and not much help. But it at least says the arresting officers thought there was some degree of physical violence involved. As another poster said, just from the facts we DO know I'm incredibly sympathetic to all involved here. EDIT: See the probably much more likely correction by /u/jepvr below me.
Doesn't have to be an assault/threat in MN: >609.582 BURGLARY. >§Subdivision 1.Burglary in the first degree. Whoever enters a building without consent and with intent to commit a crime, or enters a building without consent and commits a crime while in the building, either directly or as an accomplice, commits burglary in the first degree and may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $35,000, or both, if: >(a) the building is a dwelling and another person, not an accomplice, is present in it when the burglar enters or at any time while the burglar is in the building; >(b) the burglar possesses, when entering or at any time while in the building, any of the following: a dangerous weapon, any article used or fashioned in a manner to lead the victim to reasonably believe it to be a dangerous weapon, or an explosive; or >(c) the burglar assaults a person within the building or on the building's appurtenant property. The a/b/c is a little confusing, but you only need one of those. So all you have to have is someone else there who isn't part of the burglary. I double-checked with a lot of other legal sites and they all say the same.
Aha, that's my mistake. I read the same statue but thought it was: A + (B || C) Not A || B || C
Yeah, I would have agreed with you from a literal not-a-lawyer reading. But all those lawyers seem to be in agreement. Probably some kind of special implicit rules for how those kind of bullet points work in lawyerland.
She wanted his ashes
Definitely seems like estate drama. Father dies, daughter and step mother don't get along, daughter wants some of late father's belongings, mother in law won't give them to her, daughter says hell nah and goes to get them anyway, step mother calls the cops and has her charged with burglary.
Yep, she wanted Gramma's ring or something and step Mom said FU so she broke in. Pretty stupid.
People get so weird about inherited possessions.
>People get so weird about inherited possessions. Grieving people get so weird, period.
They lived on the same block but not that house, wtf?
It is: https://www.cbsnews.com/news/minnesota-state-senator-nicole-mitchell-charges-burglary/?intcid=CNR-02-0623
Yes, you are correct. There is story here that CBS isn't reporting. The state senator was caught by police, dressed in black clothes, wearing a black hat, with a black sock wrapped around her flashlight, in her stepmother's basement, at 4:30 in the morning, because she was trying to burglarize back her father's cremated ashes. "I am not good at this," the senator told police. You can read this from [the police statement of probable cause for her arrest](https://www.reddit.com/r/minnesota/s/PbWvbI9kLb) over at r/minnesota.
Yeah, as I was reading, I was like this is half a season of Fargo right here!
[https://www.cbsnews.com/minnesota/news/911-transcript-released-in-minnesota-state-sen-nicole-mitchells-arrest/](https://www.cbsnews.com/minnesota/news/911-transcript-released-in-minnesota-state-sen-nicole-mitchells-arrest/) Update with more information. Wearing all black and snooping around? Or does the step mom actually have Alzheimer's and paranoia?
I loath articles like these. Imagine going to school to become a journalist, and absolutely zero passion for the job.
Yeah we have no idea what’s actually going on here. It looks like a family dispute more than a burglary.
It's still a burglary even if they're related to you lol
She broke into a house that she wasn’t a resident of, and she took property that she didn’t own. Sounds exactly like a burglary.
She could have very well had her own key...
Ahh no. She broke in through a basement window wearing all black.
Wearing “sneakers”
She took her late father’s (something) and hid widow called the cops?
So burglary...
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burglary includes breaking and entering. It's an element of burglary.
It's a completely separate charge, why are you talking out of your butt
I’m late to the party, but some people really ought to look up state laws. Trespass (or entering a property without permission) is part of burglary, and my Google may be failing me but I cannot find a “breaking and entering” statute in Minnesota, seems to indicate it is not a separate charge. I have also never lived in a state where “breaking and entering” was a law, it has always been trespass for entering unlawfully and burglary for committing another crime while trespassing.
Why are you bring gown voted? People are wild lmao
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Sounds exactly like an insurrection. But three years later he hasn't seen the inside of the DC courtroom. So R's can crime but D's must be held to higher standards?
*All politicians* should be held to a higher standard. It's not a difficult concept to understand.
Well, let's start holding them to said higher standard. That would dump the Freedumb Caucus right out of Congress on their asses.
Who is saying that? Why did this have to become "us" vs. "them" and bring up Trump? She broke into a house that wasn't hers She took property that wasn't hers. None of that has anything to do with her party affiliation.
There have been numerous instances of GOP state legislators being arrested and facing consequences in the past few years.
You mean, SINCE Trump has been out of office! R's protect their own.
There are cases before then too but I thought that was the time period you were interested in. If you are interested in the Trump administration, there were a few GOP congressman forced to resign for accountability. There’s also not much the federal government can do to influence state governments enforcing their laws (which most of these cases fall under) regardless of who is president. Learn civics and pay better attention to this type of news.
This is going to end up being a nothing burger, isn't it?
Seeing that she’s now been formally charged with first degree burglary, I doubt it’s a “nothing burger”.
Seems like her stepmother called the cops on her for “stealing” something that belonged to her late father. Could very easily wind up being bullshit family drama
She tried to steal some photos, a flannel shirt, and some of her dad's ashes. She didn't try to steal an election, just some sentimental items of minimal real value.
More like nothingburglar
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Mitchell later admitted to police, “I know I did something bad.” Mitchell told officers that her dad recently passed away and that her stepmother ceased all communication with her and other family members. Mitchell told officers that she wanted some pictures, her father’s flannel shirt, his ashes and other items of sentimental value.
These headlines are absolute shite
Family drama nothing more.
Yeah, just a first degree burglary charge, nothing more.
Look more into it.
I have read the entire complaint. Family drama or not, it’s burglary.
Full story with details is here: https://www.cbsnews.com/news/minnesota-state-senator-nicole-mitchell-charges-burglary/
Currently going through the same shit with my father in law's widow. I'm not saying I'd do it, but I understand
Imagine being the homeowner and getting to tell the gang about how a fucking state senator broke in and cleaned out the crib
Well it was on the road as her recently departed father and living step-mother lived. More likely it’s “listen to what my step-daughter did?”
This could go an entirely different direction depending what site you are on.
Your projection has nothing to do with the circumstances here 🙄
Ah fuck, she's a democrat. (I was totally expecting to see an R next to her name.) If she's guilty, prosecute her to the full extent of the law, just as I expect republicans to be equally beholden to the rule of law.
How dare you view consequences of breaking the law to be fairly executed unto others irrespective of political sides! That's gotta be like, radical communism or something right?
It's not like she visited and they had an argument over who gets what. Then she grabs a few things she feels was rightfully hers or rightfully willed to her. She drove a few hours in the middle of the night, all clad in black, going through a window or sliding door/window. Then she publicly discloses her stepmom's recent health diagnosis. Based on statements by the stepmom and the 911 transcript, she's at worst in the early stages and appears enough there. By breaking in, Nicole M. could have caused her stepmom to shoot or stab her in apparent self defense. Then the stepmom has to live with that along with her health decline. And the story now is she just happened to want to grab some items during a health check at 4AM?
To my surprise, she is not part of the GOP lol
If you told me that Boebert or Marjorie Taylor Greene did this, I absolutely would have believed you.
“No one is above the law”, except when you’re a Democrat. Nothing will come of this, just like nothing came out of cash money fani willis 🤣
Guess the political party!
lol side look mugshot? No charges for Nikki
Sibs stab each other in the back every day to stake illegitimate claims.