Minnesota Probate cases can often involve complex legal and emotional issues, especially when it comes to matters of inheritance and distribution of assets among siblings. Here are some reasons why siblings might get upset in probate cases:
1 Expectations vs. Reality: Siblings may have different expectations regarding their inheritance or the distribution of assets. When these expectations are not met, it can lead to disappointment and conflict.
2 Perceived Fairness: Siblings may have differing opinions on what is fair in terms of asset distribution. Disputes can arise if one sibling feels they are receiving less than their fair share or if they believe another sibling is being favored unfairly.
3 Emotional Attachments: Certain assets, such as family heirlooms or sentimental items, can hold significant emotional value for siblings. Disputes may occur when siblings have differing emotional attachments to these assets and cannot agree on how they should be distributed.
4 Lack of Communication: Poor communication among siblings or between siblings and the executor of the estate can exacerbate tensions and lead to misunderstandings regarding the probate process and the intentions of the deceased.
5 Historical Family Dynamics: Past family conflicts or unresolved issues can resurface during probate proceedings, amplifying tensions and making it difficult for siblings to reach a consensus.
6 Financial Concerns: Financial matters, such as debts, taxes, or the cost of probate proceedings, can add stress to an already emotional situation, especially if siblings disagree on how these financial matters should be addressed.
Overall, Minnesota probate cases can be emotionally charged and complex, and it’s not uncommon for siblings to experience conflict and tension during the process. Seeking mediation or legal assistance can sometimes help siblings navigate these challenges and reach a resolution that is fair and satisfactory for everyone involved.
Call an Experienced Probate Lawyer
If you need an experienced attorney who has dealt with many kinds of probate cases in Minnesota, and who has dealt with many kinds of legal issues involving Wills, Trusts, sibling fighting, and otherwise, call attorney Joseph M. Flanders at 612-424-0398.
Title: Understanding Probate Requirements in Minnesota: Do I Need to Probate a Will?
Introduction: The passing of a loved one is undoubtedly a challenging time, and navigating the legalities that follow can be overwhelming. One common question that arises is whether it is necessary to probate a will in Minnesota.
Probate is the legal process through which a deceased person’s estate is administered, debts are settled, and assets are distributed. Let’s explore the factors that determine whether you need to probate a will in the state of Minnesota.
Size of the Estate:
One key factor in determining the need for probate in Minnesota is the size of the deceased person’s estate. If the estate is considered “small” under Minnesota law, it may qualify for simplified probate procedures or even exemption from probate altogether. The definition of a small estate can vary, but it typically involves assets falling below a certain threshold. Understanding the value of the estate is crucial in assessing whether probate is necessary.
Types of Assets:
The nature and types of assets left by the deceased also play a significant role in determining whether probate is required. Certain assets, such as those held in joint tenancy, assets with designated beneficiaries (like life insurance policies or retirement accounts), and assets held in trust, may bypass the probate process. Assets that do not require probate can be transferred directly to beneficiaries, simplifying the administration process.
Real Estate Ownership:
Real estate ownership is another critical factor in the probate decision. If the deceased person owned real estate solely in their name, it will likely need to go through the probate process. However, if the property is jointly owned, held in a trust, or has a designated beneficiary, it may avoid probate. Understanding the specific circumstances surrounding real estate ownership is essential in determining the need for probate.
Debts and Creditors:
Probate provides a structured framework for addressing the deceased person’s debts and settling outstanding obligations. If there are significant debts or creditors seeking repayment, the probate process allows for a systematic resolution of these financial matters. The publication of probate notices also serves to notify creditors and interested parties, providing them with an opportunity to make claims against the estate.
Validity of the Will:
Ensuring the validity of the will is crucial in determining whether probate is necessary. If the deceased person left a valid will, it typically needs to be submitted to the probate court for approval. The court will oversee the administration of the estate in accordance with the terms outlined in the will. If there is no valid will or if the will is contested, the probate court will follow the intestate succession laws of Minnesota.
Conclusion: Whether or not to probate a will in Minnesota depends on various factors, including the size of the estate, types of assets, real estate ownership, debts, and the validity of the will.
Minnesota Probate Lawyers
It is advisable to seek legal guidance to navigate the complexities of the probate process and ensure compliance with Minnesota probate laws. Understanding these factors will help individuals make informed decisions and take appropriate steps in administering the estate of a deceased loved one.
Contact the office today for a free initial consultation at: 612.424.0398.
Selling a home during a Minnesota probate is not something that you can do carelessly.
This is a larger project which must be conducted both in the right manner and with the proper people.
Minnesota Probate law has its way of dictating how to proceed without disrupting the overarching concerns. However, before you can learn how to act during one of these sales, it’s best to understand what might be the underlying causation to the central event. These auctions aren’t always brought about on a whim. Moreover, you may find that you’re in the middle of helping someone rectify the financial past of a recently deceased family member.
Why Sell
Sometimes choosing not to sell the property isn’t an option during probate.
The whole estate could be up for sale because there isn’t enough money or assets to pay off all of the debts, taxes, and other bills. The aforementioned items will still need to be paid in almost every probate case dealing with debt, at least in part, but whatever is being sold is usually brought to market to either pay something off or because no one is going to inherit it. Objects that were owned by the surviving spouse might not get touched, but don’t assume that anything will be passed down to the next generation until the debts are fully paid.
There are three potential parties that may have authority to sell off property during the probate process: the court, the executor, and/or the administrator.
Assume that they plan on selling on every part of the estate that they can if the debt calls for it. You need to consult them if you want any specific parts to be kept. As far as they may be concerned, selling off one larger asset may be more efficient overall compared to selling several smaller assets. Moreover, anyone selling parts of the estate must be wise in how they sell it. Selling property at an abnormally low price may cause legal issues.
Get Home Insurance
Regardless of what kind of items are being sold, make sure that the home itself is properly insured. You don’t want one of the largest assets to be brought to ruin without some kind of way of restoring it. It’s not uncommon for home insurance policies automatically dissipate once the home owner passes on, leaving the home without coverage until a new policy is introduced. Treat the home as if it’s going to be lived in even if someone is not going to inherit it and the entire estate is going to be sold off.
One way that you could maximize the selling price of the home is keeping it in good condition. If a fire or flood destroys the home, you might only have the insurance policy to go on. Don’t assume that you can treat the court as your insurance company since they’re probably looking to the executor or administrator to care over the assets. Whatever assets are lost during the process might not be able to be replaced, and losing the home could mean that you have to find a new place to stay. You may even want to consider having the executor take out a bond just to be sure.
When not to be Executor
Any party that wants to be the executor of the estate should not be someone who also wants to purchase the home with their own cold hard cash. Things get tricky otherwise to say the least. Executors should almost always be as impartial to the situation as they can be in order to properly conduct sales. Truth be told, executors should usually want to buy as little of the property as possible. And even in the case that they were originally supposed to inherit the home, but now they have to sell it to pay off debt, they should still turn down the role as executor. The court wants the buyer and executor to be two different people.
To help you better understand, realize why the sale is being made. If you’re an eligible heir, the only reason why the house is being sold off is to help pay off debt.
Should you take advantage of the situation and decide to pay too little for the home while claiming that the sale was authorized by the executor, other items may need to be sold off to compensate for the money that would have been otherwise generated by the home’s sale. Probate sales commonly happen out of a state of need rather than a heart of greed. The house may be being sold if there aren’t any heirs, but those situations are usually attempts to put the property under new management instead of letting it fall into disrepair.
Respect the Executor
Assuming that you’re buying from an executor, be respectful to what they’re asking for. This might be their attempt at trying to satisfy hungry creditors. Time may not be on the executor’s side, as they may have outstanding paperwork to be done, beneficiaries to assist, and taxes and debts that need to be paid. That executor might be looking at your checkbook as a way to keep a family off the streets. It’s completely possible that you’re buying someone’s childhood home which is being sold to help keep the children out of debt.
Keep in mind that the home could lack various improvements, and it may take a few weeks for you to even get the chance to get the purchase approved by the court. This can be a perfect way to find a home to be fixed up or flipped, but be aware that it might not be in the best of shape. Moreover, be sure to check that it’s actually insured and check the insurance policy documents to verify that what is being said is true. You don’t want to buy an uninsured mansion only to find that it went up in flames before you could start moving inside.
Minnesota Probate Lawyers
Should you ever find yourself in a standstill or standoff during a probate sale, the first person you may want to consult is a Minnesota probate lawyer.
There’s something to be said about having a probate lawyer from the start. Rather, assuming that you’ve tried to work on things by yourself from the start, it could be very well be a good idea to see if someone else can provide advice on the sale. Seek out someone from Flanders Law Firm LLC by calling their main line at 612-424-0398.
Even if you’re not wanting the sale to go forward, they might be able to provide comfort in these trying times. Maybe they can help you find a way to keep more assets than you originally thought possible.
There are many different types of probate administration’s under Minnesota Probate Code.
However, the two most common filings are formal probate and informal probate. This article we’ll discuss the difference between formal and informal probates.
Informal probates in Minnesota
An informal probate can be commenced by any interested party under the Minnesota probate. Interest interested parties include the nominated personal representative or executor in the will. Heirs of the deceased devotees of the deceased or a creditor of the deceased.
The statutory priority for appointment of a personal representative is the person nominated in the Will. If there is no Will, the priority of who can serve starts with: the surviving spouse and then the children of the deceased.
Once the applicant has been chosen, the applicant may file for an informal probate administration with the county of venue. Proper county venue will be the county where the deceased held lived the majority of their life.
The informal process utilizes a probate registrar which is a court appointed judicial officer who oversees and informal administrations in the county. The registrar acts as the judge and makes a determination whether the applicant may proceed forward with an informal administration.
In most case, an informal administration is utilized to have a quicker appointment of the personal representative. This can happen in both a testate or intestate probates. Dying “testate” means that the person died with a Will. “Intestate” means someone died without a Will.
The probate registrar will review the application and the facts of the case to make the determination. The registrar will also review whether proper notice of the probate has been given to the interested parties. Furthermore, notice will need to be published in a newspaper of general circulation in the county.
Sometimes the probate registrar will reject the filing due to problems in the estate. Common rejection items including problems with the Will, disputes between heirs, questions about ownership of property and, perhaps, large creditor claims against the deceased. There could be other issues that come up in the probate that a judge will need to make a determination of law to the facts.
Finally, it is important to keep in mind that the difference in time – in terms of how long the probate takes – may not be significantly different. It depends on the county that the probate is filed in and the facts of the case. A competent Minnesota probate lawyer should be consulted in all cases.
Formal probate administration in Minnesota
A formal probate administration is commenced with the filing of a petition for appointment of personal representative. In formal estate, the petitioner asks a district court judge to issue an order. This is different from a probate registrar issuing a “statement of probate.” In a formal administration, the judge will also make a determination that proper filings have been made, that the Will was properly executed, and that the heirs, creditors, and devisees are correct.
Judge will hold a hearing for the appointment of the personal representative. Once the hearing has taken place, and there are no problems or objections to the petition, the court will issue in order appointing the personal representative. The judge will also issue the Minnesota Letters Testamentary or the Minnesota Letters of General Administration. These letters will give the personal representative the power to act on behalf of the estate. The personal representative will serve as a fiduciary in both an informal and formal administration. The personal representative is required to look out for the best interest of all parties.
As discussed above, in a formal probate may be necessary due to problems with the deceased person’s Will. Also, disputes between heirs can create the need for a formal probate. Finally, large debts or creditor claims can necessitate a formal probate.
An attorney who has dealt with many probates will be able to spot issues and facts to make a determination of whether formal or informal administration is required. Additionally, it is important to keep in mind that there may not be a timing difference between formal and informal administration. At times, it could be best to file a formal administration because the personal representative may need additional powers which will be graded by a judge and which cannot be granted by the probate registrar.
Also, in most cases, the costs of the formal versus informal administration will be very similar. The attorney fees will be very similar. The fees are entirely fact specific.
Formal probate administration | Supervised or Unsupervised
It is also important to understand that in certain formal administrations, a party can request that the personal representative serve in a supervised or unsupervised administration.
In many cases, the personal representative may proceed in an unsupervised manner. This means that the court has very little oversight about the case. The court will also have very little oversight over the person representative and their actions. In an unsupervised estate, the personal representative can make payments to creditors and distributions to heirs without approval from the court.
Conversely, in a supervised probate administration, the personal representative is required to seek approval for all distributions. The court will have more supervision over the actions of the estate and the personal representative. More court hearings will likely need to be held.
The total costs of a supervised versus unsupervised administration is likely to be higher. This is due to the extra work involved with asking the court for permission on various issues. Supervised administrations may be advisable in cases where there are disputes between heirs, creditors, or what to do with the money in the estate.
Minnesota Probate Lawyers
Contact the Minnesota probate lawyers at Flanders Law Firm LLC if you have questions about the difference between formal and informal probate administration’s in Minnesota. You may also contact the office for answers about supervised and unsupervised estates in Minnesota. The firm has years of experience helping clients in all sizes of estates.
Call today for your free consultation at 612-424-0398.
As a general assumption, you may not enjoy dealing with creditors.
If you’re one of the few who breaks that generalization, that may be for your benefit and may make you a prime candidate for handling Minnesota probate law cases where the deceased had large amounts of debt.
How, nonetheless, creditors deal with things during probate might be a little different than what you’re used to. This could be very true as they may not have to fight anyone who can find ways to avoid paying off the debt.
The creditor may even come to realize that, as an interested person, they have power to get the probate case into motion. That said, you may need to know how to beat them at their own game.
Dealing with Creditors | Estate Probate Law
At the end of the day, the creditors want the cash that’s due to them. The trouble in their eyes is that the family may not want to establish the estate. That’s to say someone may want to go ahead and open up the probate process.
Minnesota probate could be the only way that they get their paycheck. From their perspective, if the family doesn’t want to pay up, because the bulk of humanity rarely enjoys the thought of paying creditors, the creditor has to do something.
So, establishing the estate might be their last resort to getting the money they’re due. And since any given creditor may qualify as an interested person, they may use their power to go ahead and open the estate.
Keep in mind that probate can be conducted with or without a will. It’s really whether or not there are enough assets or if there’s enough cash to pay a given creditor.
Even if the estate is eventually as marked as being insolvent, there still might be some cash that the creditors can obtain no matter how small that amount may be. Insolvent estates don’t help to prevent the creditors from getting a dime. There are simply no Minnesota probate assets. Rather, they’re exemplifications of the fact that the deceased lacked enough assets to fully pay off the creditor. Thus, beneficiaries shouldn’t anticipate anything.
Creditor Law and the Personal Representative (Executor)
Probate Creditors might not only talk to the people you want them to talk to. As far as you’re concerned, they might be acting like wolves on the hunt, preying on the vulnerable members of your family.
Assume that if they get the chance to talk to someone and gather data about the deceased or convince them to try and pay off the debts, any given creditor may go ahead and take that chance.
Working on getting the estate to pay up might be their goal, and that may mean harassment isn’t something they’ll forego.
Should any harassment take place, don’t hesitate to contact your lawyer. Have them personally create a letter to tell the creditors to cease this kind of contact. Keep in mind that the creditor will be the one who will be in the wrong.
There’s a legal act which is meant to stop them from talking about the deceased’s debt with at least three parties: friends, relatives, and neighbors. There’s a clause to that, as creditors are still allowed to civilly discuss debt with the deceased’s guardian, executor, administrator, spouse, and, in cases where the deceased was a minor, parents.
Personal Representative (Executor) Duties in Minnesota
Because of the potential concern about conflict of interest, a creditor might not be able to become a representative of the estate. You see, probate is all about settling things related to the deceased, and handling the debts is very much a part of that.
So, if a creditor had the power to decide what things would be sold off and how much was going to be given to transferred to them by what was generated from a sale, they could sell as much as they deem fit and, metaphorically speaking, make out like bandits.
The court will, most likely, allow for a friend or blood relation to serve as the deceased’s personal representative instead of creditors.
That said, be aware of what kind of powers a personal representative has in these cases, as they can make decisions regarding paying creditors, selling property to pay off debt, redistributing assets to heirs, handling taxes, paying bills, locating missing heirs, and closing out the estate.
Should you be in rather stressful financial circumstances, the last person you probably want to serve as the personal representative may be the creditor.
MN Probate Law and Bankruptcy
Should there not be enough assets to fully satisfy all of the outstanding debt, the only option left may be to declare the estate as being insolvent.
No, that doesn’t mean that the beneficiaries will be able to lay claim to the property, but they’ll be able to have peace of mind of not having to deal with the creditors anymore. This means that the entire estate may have to be sold off so that part of the debts can be finally paid. The creditors are trying to get everything they can get, regardless of how small.
If this is truly your only option, don’t assume that anything will be inherited. Even if you don’t have to declare the estate as insolvent, be prepared for every cash account to be emptied out and every piece of property to be sold off until the deceased’s debts are no more.
It’s hypothetically that the deceased owned two mansions and a fleet of cars, but after all the debts are paid, all that remained was a rusty Corvette and some miscellaneous possessions.
Such a picture, moreover, may be paradise compared to what happens to an insolvent estate, as even those items might be sold off to the highest bidder.
Minnesota Probate Lawyers
Get an assistant from Flanders Law Firm LLC and the Minnesota probate lawyers at the firm to teach you how to figure out what needs to be done. You want to find out how to both satisfy the creditors and keep the beneficiaries happy.
This isn’t a laughing matter. You need to work on keeping what you can in the family and only sell the least amount of assets as possible. No one can assume they’ll get anything until the creditors get their fair share.
Whatever kind of Minnesota probate case you might have in front of you, make sure that you have a probate lawyer to help you out. Even if a creditor has gone ahead of you and started the case, there’s still time to contact someone at
Contact the law firm for a free initial consultation at: 612-424-0398.
Probate has a lot of details that need to be dealt with. So, to answer a few general questions, here are a few general answers.
Yes, you should have a probate attorney who is more than a little bit familiar with probate law. That should go without saying. And because of how much this process relies on the kind of assets and how many assets there are, your best ticket is to get as much knowledge as you can. Avoid probate if you can. This isn’t your normal legal process where everyone stands before the judge to prove or disprove a point. It’s more or less dealing with the deceased’s assets and waiting for each asset to be approved. Continue reading to find out more about probate.
What is Probate and How Long Does it Take
Probate is what you might go through after someone passes on. It’s dealing with all the messy little details like handling their assets and paying off their debts in probate. Apart from student debt, debts, much to everyone’s dismay, do not go up in smoke upon death. The money has to come from somewhere and the money needs to go somewhere. So, if you’re trying to maximize your gifts to your beneficiaries, pay off as much debt as you can stand while you’re still around to pay them off.
Nonetheless, probate isn’t just dealing with debt. Assets and their distribution are central parts of probate. Who gets what must be answered. Assets must be appraised. Individuals may need to be tracked down. Everything, more or less, must go in one shape or form. Unless the deceased lived selflessly in a convent, their assets probably need to be dealt with. There can, thankfully, be preventive measures taken.
Trusts are great tools that can help protect assets while making the process of passing on assets easier. Some assets may even dodge probate because of being in a trust. Trusts are essential parts of your estate planning to make everything safer and smoother.
Why Have a Probate Attorney?
Probably the biggest reason for having an attorney is keeping everything legal. Minnesota probate law isn’t always cut and dry. So, whether you’re seeking an attorney that can help your family prepare for probate or you need one while you’re going through the process, you want to make sure that every step you take is done properly. If the personal representative, for example, fails to carry out their necessary duties properly, there might be trouble. An attorney can be there to help everyone involved do the right things.
A probate attorney can also help your family get the most out of every decision. Don’t be fooled into thinking that just because your relative has X-amount that you’re automatically going to get X-amount. Taxes can take chunks out of assets.
You may only get Y-amount. All the debts must be resolved. This process is supposed to settle any and all financial circumstances. Houses, cars, and just about everything the deceased owns is subject to being sold off to cover any outstanding bills. Moreover, everything needs to be appraised. The collection of famous movie posters may not bring in enough cash. You could find yourself needing help deciding what stays and what goes.
What are Some of the Executor’s Responsibilities?
Effectually, the executor’s role is handling most of the will-related matters. He or she is also supposed to get the ball rolling when it comes to filing the will to probate court and notifying others that the deceased has passed. Their role is to not only act as a representative of the deceased, but to ensure that everything moves forward. They’re basically the boss of the estate.
That means that they’re the person who takes care of the estate both physically and legally. Whatever happens to the property may be on them. Even if the property is going to be sold, if it’s not well-kept, the value could decrease drastically.
Everything is still subject to appraisal, meaning that the value of the assets may still be in limbo. And here’s a big catch: the executor can revoke their position and thereby their duties, leaving their position to be potentially filled by the state. If you want something done, you should do your best to work with the executor and keep this metaphorical ship afloat.
How Long Will This Take?
Hopefully, this whole process won’t take forever and a day. Unlike meeting with a mediator for a legal matter, the probate process isn’t designed to move too fast. There’s technically no set goal for everything to get done unless someone places a time limit on it. Moreover, that’s potentially out of your control and up to the court to decide, save that you convince the court to move faster.
Just as good business depends on location, location, and location, the probate process depends on assets, assets, and assets. You can move as fast as possible. Everyone can be on board and everyone can get along. However, as long as the assets need to be appraised or otherwise dealt with, work has yet to be done. Probate isn’t normally a simple transaction of transferring items from the deceased to the next of kin. It’s got several working parts.
Trusts that were put in place can bolster the process exponentially since they can remove the majority of assets from probate altogether. As hinted to previously, trusts are your best friends.
Where Do I Start?
You start by contacting a Minnesota probate attorney. Visit or contact the law firm of Flanders Law Firm LLC. They’ve helped people deal with probate issues time and time again. I
If you’re not convinced, dial 612-424-0398 and speak with someone representing the firm.
Those assets cannot move or asses themselves. Getting them through probate faster sometimes means having more help. And even if the majority of assets are covered by trusts, consider having that same lawyer look over the trusts to ensure that everything’s in order. A lawyer who knows the ins and outs of both probate and trust law can help your family do exactly what needs to be done.
You’re, more than likely, not required to inherit anything from a loved one. It’s actually a privilege that you even have a chance to chose what will happen to the property. Internalize that there could be individuals and whole families who were unable to have the chance to receive from the estate because of how much debt needs to be paid off.
Minnesota probate law tends to favor debts over allowing families to divide assets among themselves. Inheriting from the estate is almost always, in one way or another, an optional matter. There may be circumstances why you might not benefit from this transaction, as in the case that it causes you to lose benefits. So, don’t proceed blindly when making a choice on the matter.
Rational for Refusal
First of all, some people don’t want to have to pay for inheritance taxes. It may not be their desire for that kind of responsibility. Moreover, what money needs to be put into a run-down car or moldy home could be more than it’s worth in terms of cash, time, and effort. Not everything that can be left to a beneficiary is going to be automatically worth something to them. Any beneficiary should look at what assets they might be able to inherit before they actually say yes to inheriting them.
There’s also the chance that they’re not trying to abandon their benefits. Money and government benefits don’t always work together for the beneficiary’s interests should said beneficiary chose to take those assets.
Simply throwing a home into the will and designating it to them may or may not be the best decision. For those of you who are working on your estate planning still, try researching ways to work around this kind of issue. As for those of you presently working through the probate process, consider your options wisely and what ramifications your choices will bring about.
Ten Years
Inheriting someone’s IRA account may sound like a wonderful idea at first. The catch to that, however, is that you may be required to have the account paid out over the course of ten years. Rules have changed since 2020 so that keeping the money flowing in the family is harder.
Because of how things are set up, it may be wiser to keep the money designated to one person because of how inheriting that money may impact other beneficiaries. Should you look into inheriting anything in the future, assume that you’ll have to withdraw those funds within the next decade.
Your big concern might be for how your impact will change the Minnesota probate inheritance of other beneficiaries. It’s completely possible that someone else might be able to withdraw and use the funds for a longer time than you can. Talking with the other beneficiaries is of high importance so that you both can plan for what’s best.
They might not know it at first, but everyone may soon realize that they’re of drawing from the same metaphorical well. You may not be expected to communicate everything. Nonetheless, be aware of what happens when someone attempts to pull from the well and the water has run dry.
Disclaiming or Disinheriting Property
Disinheriting your inheritance doesn’t give you any real authority over who will get it instead. You’re really forfeiting all control over it if you disinherit the asset before you legally become an owner. If you want to give it to someone else, consider who it will go to if you don’t inherit it.
A contingent beneficiary will probably obtain your share, leaving you with nothing in turn. State law will most likely be implemented to figure out who gets your inheritance so that everyone knows where the money or property should go to.
Understand that you might not be treated as if you were a beneficiary at all once you disinherit the property. Yes, there might be writing and documents that said that you were previously a beneficiary of the estate, but once you give up that right, there may be no going back.
You must realize that this is a total forfeit of your control of the assets. Seriously look into who’s going to get these assets instead of you. If you want them to go to your mother or father, as an example, make sure they will actually go to that person and work out a plan. You may need to take ownership over the assets first and then give them to the person who you want them to go to.
Disclaiming Paperwork
You may not have much time to figure out whether or not you want to inherit the property. Nine months could be the most amount of time that you have, and that timer starts right when the deceased passes on. Should you have only considered this recently, work hard on figuring out if you want to disinherit the property. Once the calendar hits nine months from the passing, that property might automatically go to you regardless of how you feel about the situation.
Disclaiming the property also requires the right kind of paperwork to be filled out. Getting it notarized, signed, and filed should be the bare minimum of what you need to do. Informing the executor about the matter might be a wise step to take as well. Then, bring everything to the probate court as soon as you can.
Don’t delay. Then, the IRS might be happy. Though, if you already accepted any part of the estate, the IRS might consider your paperwork to be invalid. Be careful how you approach this matter. Taking any percentage and refusing the other parts may make people question what’s really going on.
Disclaimer Advice from a Probate Lawyer
Work with a Minnesota probate attorney to figure out your present challenges. In case you have questions relating to laws of inheritance or what kind of taxes you might need to pay, help might be just a phone call away.
Making that final decision as to whether or not you want to keep what you’re supposed to inherit may rely on multiple different factors. Wanting someone else to receive the property or wanting to keep your benefits are two understandable reasons.
There could also be the concern that you want help to ensure that someone can inherit the property despite the outstanding debts. Should you ever need assistance with probate-related issues, contact Flanders Law Firm LLC by dialing 612-424-0398.
“Joe – Thank you again for the expeditious and professional work. It’s nice to have an attorney that I know is going to be candid and approachable throughout.”
Minnesota Probate cases can often involve complex legal and emotional issues, especially when it comes to matters of inheritance and distribution of assets among siblings. Here are some reasons why siblings might get upset in probate cases:
Title: Understanding Probate Requirements in Minnesota: Do I Need to Probate a Will?
Selling a home during a Minnesota probate is not something that you can do carelessly. 
Formal versus Informal probate in Minnesota
As a general assumption, you may not enjoy dealing with creditors. 
Probate is rarely a black and white process.