Minnesota Probate | What to bring to initial meeting with a lawyer?

Minnesota Probate Medical AssistanceClient are often concerned about what exactly they need to bring to an initial meeting with a Minnesota probate attorney.

This post will hopefully provide some answers to the above question.  While the information in this post is for information purposes only, it should give you a good idea of what a probate lawyer would be looking for.

DOCUMENTS FOR THE CLIENT TO BRING TO THE MEETING

  • Original copies of the will and all codicils
  • A list of names and addresses of heirs and will beneficiaries
  • The death certificate (if available)
  • Real estate tax statements and title papers for real estate (registered or abstract?)
  • All available information about assets and their values
  • The last income tax return of decedent
  • A list of questions the client may have

Items to Bring to Initial Meeting with the Probate Lawyer

Questions for heirs:

  • Did the decedent leave a will?
  • If so, where is the original? If the original is not available, is a copy available?
  • Who is nominated in the will as personal representative?
  • Is the nominated person willing and able to serve?
  • If there is no will, determine the same facts as in the determination of heirs (below):
  • Was the decedent survived by a spouse?
  • If not, did the decedent have any children who survived the decedent?
  • Is there a surviving spouse?
  • Did the decedent ever have, or adopt, any children?
  • If so, what are the names, ages, and addresses of the children, and issue of a deceased child, who survived
  • the decedent by 120 hours?
  • If there are no living issue or spouse of the decedent, the heirs are determined in the order set forth in
  • Minnesota Statutes section 524.2-103 – parents, their descendants, grandparents and their descendants,
  • and then next of kin.

Minnesota Probate Assets & Jurisdiction:

  • In what state was the decedent domiciled?
  • In what state(s) did the decedent own property that was not disposed of by a will substitute (such as joint tenancy or a living trust)?
  • Is the total value of the estate, including life insurance and retirement plans, likely to exceed $1,000,000?
  • Did the decedent own any real estate in Minnesota, or elsewhere?
  • What was the decedent’s occupation?
  • What property is registered in the name of the decedent? (If the decedent was survived by a spouse, was
  • the title in both names?)
  • Bank accounts
  • Automobiles
  • Securities
  • Life insurance
  • Retirement plans (including IRAs and annuities)
  • Businesses
  • Other valuable items

Free Initial Consultations

Contact the Flanders Law Firm today.  The firm offers free consultations to all potential clients.  Call (612) 424-0398.

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