Nicole Mitchell burglary conviction shines spotlight on advanced estate planning
DETROIT LAKES, Minn. (FOX 9) - A Becker County jury recently found Sen. Nicole Mitchell (DFL-Woodbury) guilty of two burglary charges after she broke into the Detroit Lakes home of her stepmother to retrieve some of her late father’s belongings.
September 10 sentencing
What we know:
Mitchell will be sentenced in September. She is facing a mandatory minimum of six months in jail. A Minnesota estate planning attorney says the case demonstrates the importance of having a will and other legal orders in place before it is too late.
Mitchell’s father, Rod Mitchell died without a will. His entire estate was given to the Senator’s stepmother, Carol, who is suffering from Alzheimer’s.
Nicole Mitchell's burglary conviction sheds light on estate planning
A Becker County jury recently found Sen. Nicole Mitchell (DFL-Woodbury) guilty of two burglary charges after she broke into the Detroit Lakes home of her stepmother to retrieve some of her late father?s belongings.
Rod Mitchell’s 2023 death
Why you should care:
Roderick "Rod" Mitchell passed away unexpectedly at the age of 72 in March, 2023. According to court testimony, he died without a will or any legal directives for his surviving family members to follow. His entire estate, estimated in court records at nearly $175,000, went to his spouse, Carol Mitchell and not his only biological child, Sen. Nicole Mitchell. Carol Mitchell, now 75 years old, was diagnosed with Alzheimer’s.
Nicole Mitchell testified in her own defense at trial, describing a breaking point with her stepmother involving the internment of her father’s remains. Carol Mitchell insisted on hosting the funeral on a day Nicole and her children could not attend.
"There had been so much stuff over the past year," an emotional Mitchell said on the witness stand. "And I felt like I just kept shoving down my emotions to not rock the boat. And she was giving away dad’s stuff without telling us so that we could even look at it."
The break-in
The backstory:
On April 22, 2024, just before 5:00am, Nicole Mitchell broke into her stepmother’s home in Detroit Lakes. Police arrested her in the basement, dressed in all black. She was captured on police body camera footage telling her stepmother that was there to pick up some of her late father’s belongings.
"It’s Nicole," Mitchell told her stepmother as she was being arrested. "I was just trying to get some of my dad’s things because you wouldn’t talk to me anymore."
What they’re saying: Minnesota estate planning attorney and certified public accountant, Ed Matthews followed the trial closely. He told FOX 9 that he saw a tragic family breakdown as well as a cautionary story for others.
"I just could not help but think what a sad family story that could have been avoided," said Matthews, who explained that everyone should have at least three key estate planning documents on file -- a financial power of attorney, a health care directive, as well as a will or trust.
"Unfortunately, it sounds like Rod Mitchell passed away without any of those three important documents," stated Matthews.
Matthews said it is never too soon to plan for the unexpected, "There's no better time to plant a tree if you want shade tomorrow than planting that tree today. And estate planning is the same way. I mean Rod Mitchell passed away pretty early, at the age of 72. It would have been so much better for the family and preserved harmony if he had a proper estate plan in place."
Mitchell to resign
Timeline:
Sen. Mitchell has announced her intentions to resign her senate seat by 5 p.m. on Aug. 4. Her criminal sentencing is scheduled for 10 a.m. on Sept. 10 at the Becker County courthouse.
Estate planning attorney Ed Matthews is planning to join FOX Local’s All Day streaming broadcast on Wednesday, July 22 during the live noontime show. He will be available then to answer any viewer questions they may have about estate planning, wills, and other legal directives.