Client 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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