The Powers of a Minnesota Conservator

Posted on February 16, 2022 by jlawyer

The Powers of a Minnesota Conservator Minnesota guardian and conservator law doesn’t make Minnesota conservators all powerful. There are several things which they’ll still need court approval in order to accomplish.

You’ll find in this article a handful examples to inform you of what kind of things might involve getting court approval.

Actually, it may have been the Minnesota conservator’s intention from the start to obtain their powers so they could bring things to court. Now that they have that role, it’s possible for them to try to make a will for their ward or change the beneficiaries on a life insurance policy. This isn’t a guarantee that they’ll succeed. Nonetheless, it might be wise to know what they’re capable of doing.

The Powers of a Minnesota Conservator

Irrevocable trusts are notorious for being rather hard to change once they’ve been completed. Perhaps the biggest factor of why these trusts are so hard to modify is because they, more or less, have the power to grant legal ownership to another party.

Though not on the same level, it would almost be like modifying someone’s house deed after they were told that they bought the house. So, for a party, a specific party that might not have been involved when the trust was put into effect, to come and change things means that the court has to be involved.

Yes, people and relationships change. That doesn’t modify the fact that irrevocable trusts aren’t meant to change. They’re one of the better ways to help secure assets for your friends and family because they put them in a more secure state.

Revocable trusts in Minnesota are affected by more outside forces, moreover, but they can normally be changed far easier. If you’re looking at making one of these two kinds of trusts, consider if they will burden a potential conservator or if you want that added security.

Handling Finances as a Conservator

Not all conservators have the advantages and powers that a guardian as the two roles are centered around monetary aspects and health concerns respectively. Though a conservator may have the best interests for their ward, they might not be the one who gets to call the shots when it comes to how the ward retires.

Minnesota Guardians are specifically called in because the ward-to-be has gotten into a state that they need someone else assist with their physical care. Conservators are there to help with property issues.

That said, as long as a court works alongside of the Minnesota guardian and agrees with them, said conservator can change the beneficiaries under the ward’s retirement plan. As a general rule, it might be said that a conservator needs the court’s involvement whenever they want to change their ward’s outspoken plans.

Though some beneficiaries may want the ward to go to a different place to retire, it’s the conservator’s role to decide whether or not the court should consider changing who is a beneficiary in the first place.

Insurance and Conservators

Life insurance policies are practically a literary trope when it comes to writing on preparing for life without a main household provider. Who gets that money is a big deal since the policy might mean the next meals for a family.

As a side note to wise estate planning, keep your most important beneficiaries to this policy updated. Treat this like your will and make sure that all life changes are accurately updated. Your conservator might thank you.

To back up a bit, this is dealing with beneficiaries again. So, if your conservator finds out that the beneficiaries aren’t properly updated or changed on your life insurance policy, it means that they need court involvement.

When you get married or remarried, you should update the policy. When you have a new child, you should update the policy. Though you may need a conservator for legitimate reasons, they don’t have automatic power to do everything that you could. Your would-be beneficiaries might end up relying on a court decision to receive the money that was intended for them otherwise.

Will Changes

With the right circumstances, it’s possible for a conservator to not only amend their ward’s will, but to create a will for their ward as well.

That’s a hypothetical reality as long as the court’s on their side. It’s not to say that the conservator has to make their ward a will. There are plenty of laws which automatically dictate to where the property will be sent even if a will has never been drafted in the first place.

Revoking the will is another action that the conservator can take as well, save that the court agrees with them. Though that could sound ridiculous, the rational lies in the context of their role.

The conservator’s there because their ward cannot manage their property on their own. Wills can be revoked because the person they were written for, the conservator’s ward in this case, was too incapacitated while writing it. Maybe the same thing which incapacitated the ward during the will’s writing is what eventually led to them receiving a conservator in the first place.

Minnesota Conservator Lawyers

Being someone’s conservator doesn’t mean that you have to do everything on your own. As you’ve probably noticed from this article, there are plenty of circumstances which you might need the court to step in.

Cast your doubts aside and seek out the legal help and advice that you need to do your job right. They can even help you become a conservator if you’re not there already.

Even in instances where you don’t need the court, it still might be wise to consult the Minnesota conservatorship lawyer at Flanders Law Firm LLC. Call the law firm today for a free initial consultation at 612-424-0398.

What is Probate and How Long Does it Take?

Posted on February 9, 2022 by jlawyer

Probate is rarely a black and white process.

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.

Disclaiming Property in a Minnesota Probate

Posted on February 8, 2022 by jlawyer

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.

Does a Will Have to be Probated In Minnesota?

Posted on February 4, 2022 by jlawyer

Does a Will Have to be Probated In Minnesota?

When it comes to wills and probate law, the former tends to greatly intertwine with the latter. You can go through a Minnesota probate without having a will on hand. That means, however, that most of the situation will be governed by the governing parties.

Estate planning tends to consist of your endeavors to try and state how you want your estate to be handled. Some of it may not work out if something doesn’t hold up in court, but if everything is done properly, you could potentially put everything you own into the right estate planning tools and have it sent to the right parties.

Your will might be, on another note, the central document for your estate planning. You could try and use trusts to redistribute your assets, but that all depends on your preferences. Wills tend to be the main tool for listing out your beneficiaries and assets. When in doubt, consider your will as starting point to help all the parties involved.

Who Gets What Stuff

It’s important to understand the role that wills can play in redistributing your assets. There’s also the fact that the will must be authenticated and can be challenged during this legal event, but once it’s clear, the will may dictate who gets what. Probate will probably take place regardless of there being a will or not. Your Minnesota estate planning tools are there to help give you freedom. Not having a will during probate is when the government tends to step in and make sure that all the assets get redistributed while having to figure out who rightfully receives anything.

It cannot be stressed enough how much the lack of a will can set things behind. You cannot neglect anything that’s not put into other estate planning tools such as trusts and you have to account for everything the deceased owned. The probate process is like a sale where everything must go or be accounted for. That includes projects like appraising the assets and finding out how to get them to the beneficiaries. The stuff has to go somewhere and the deceased’s will tends to be the document that everyone relies on.

Must Be Authentic

The will’s authenticity is what may make or break the Minnesota probate process. If it doesn’t prove real, then you have to find out what the next steps are. Proving that the will is important to move things forward. It’s so important to the process that certain states expect that whoever possesses a copy of the will should file for probate as soon as possible. Also, know where the death certificate is. Knowing where that is located can only help you and may prove to be necessary later on. Just as the will can’t be faked, so the passing of the deceased can’t be faked.

Keep in mind that just because the deceased wrote the will doesn’t mean that everything is ready. Parties which are interested in the will can contest it. Factors such as incapacitation can incapacitate the will from having any lasting impact. This is why you might want to consider opting for a living trust so that you can give away the assets before your will can be contested. The more that you can do beforehand to plan out your estate will only help your family to better deal with difficult concerns. If the will is contested, consider the will invalid until it’s proven innocent.

Select the Executor

Going through the probate process without a will probably means someone else gets to decide who the executor can be. While it’s true that not every will names an executor and that you can have a will without naming one, naming an executor might make the process easier. Assume that the government will decide who is going to be the executor if you don’t. It can’t be overestimated how much power you forfeit by not including more details inside your will. As far as you’re concerned, you might want your executor to memorize your will well before you pass.

That said, there’s a reason why executors are commonly referred to as personal representatives. They’re the person who gets the documents in order to help close out your estate. Without their help, you may as well consider the probate process postponed indefinitely. The people who help to close out your estate must be able to work with them. Select someone who will get along and will know what to do. They’re probably filling in your shoes after all.

Be Truthful

Though this might have been evident from the start, your beneficiaries probably won’t receive anything until after the probate process is complete. That may sound like it’s simple, but there’s a small catch. Your executor has to present all of the transactions pertaining to the estate before anybody can inherit anything. That means they must record and prepare a list of all the things they did when it came to your assets, more or less, and get it cleared.

Your executor has to be truthful to say the least. If the court isn’t happy, your beneficiaries may not be happy. To them, it might just appear that the assets are going through the probate process, but the real fight might prove to be internal. Cooperation is key. Having your will and copies of your other estate planning documents will only help all of those involved. Messing up one small detail could prove costly. Be well aware of what situations might arise in case something of yours is sold for a low amount, and there are still debts to be paid.

Minnesota Probate Lawyers

How you write your will may be different once you look into more about probate law. Your will isn’t the only thing that you can use to make the probate process easier. There are other estate planning tools out there that can help your assets avoid going through the probate process. Contact the Minnesota probate attorneys at Flanders Law Firm LLC. You can always call someone at 612-424-0398 for ideas.

Flanders Law Firm LLC is a resource for whatever concerns you might have concerning preparing for probate in the future and for working on estate planning in the present. Probate isn’t something to be afraid of. Rather, it’s something that you can work through.

Handling a Probate Case without a Will in Minnesota

Posted on January 31, 2022 by jlawyer

Handling a Probate Case without a Will in Minnesota

Don’t think that because the deceased passed on without a will that your family can avoid having to deal with Minnesota probate law.

The truth of the matter is that you may find the situation to be far more reliant on the laws in this land of 10,000 lakes compared to cases that have a will. As a positive suggestion, because of the state in which this case is being held, you may want to look into seeing if an executor can be brought into help be a voice for the family. Below, you’ll find explanations on some of the perks and unique qualities of probate cases here in MN.

Executor Potential

One advantage of living in Minnesota is that if someone dies without a will, someone can petition to be the executor of the estate. The role doesn’t automatically fall to an administrator, and in the case that no one contests the petition to be an executor, the request may pass. That said, the person who wants to become the executor should be the one who opens the probate case and the party to provide the death certificate. It’s recommended, as such, to decide who the executor should be before anyone carries out these tasks.

However, even if someone becomes the executor of the estate, that doesn’t mean that they can make decisions regardless of the laws that are in place. Normally, the property will pass to the closest relations in situations where a will is absent. Whether that’s the deceased’s offspring or their spouse, the close family will most likely automatically receive a larger portion of the inheritance. Note that there should be ways to handle estates where the deceased leaves behind both children and a spouse, and assets can still be passed onto relatives down the family tree.

How to Divide

Since families can vary in how they’re constructed, laws can accommodate for those particular situations. If the surviving spouse and the deceased had no children to give assets to, everything should simply transfer to the living husband or wife. The same situation should occur in the case that there are absolutely no descendants and the wife or husband is the only surviving relation to the deceased. Marriage has its perks.

It’s when other relatives are included in the picture that things tend to get more complicated. If a spouse isn’t involved in inheriting anything, the surviving descendants should be able to get everything and the estate will probably be divided among themselves. As for when there are other descendants and a spouse, then the spouse will normally be able to lay claim to roughly fifteen-hundred thousand dollars worth of the estate’s assets. What remains of the estate may be then divided among the remaining descendants.

No One Remaining

Minnesota law is designed to help any potential beneficiaries inherit the Minnesota intestate estate. This is especially important for cases without a will, as wills are often the main document for listing beneficiaries of the estate. Even if the collective of beneficiaries might have distant cousins, it doesn’t matter if they’re a niece, nephew, parent, or sibling. The executor should only start to become worried about the estate’s well-being when no one who is related to the deceased can be found. Blood relations should be fully researched to any reasonable extent, and anyone who might be related by state law should also be investigated before the executor stops looking.

The executor should by no means consider that they can neglect their duties, especially when it comes to finding beneficiaries. It’s the standard for the executor to do qualitative research on any and all potential leads. Going and researching family heritage lines should come as no surprise. This may even involve placing an ad in the local newspaper. Assume that you must ask every potential candidate before you can take a break.

Nothing to Probate

A handful of Minnesota probate estates can be summarized, meaning that they don’t need to go through the full probate process. However, these cases still allow for beneficiaries to receive from the estate. Summarizing the estate doesn’t change whether or not assets can be inherited. The two big concerns which may change the situation are the deceased’s debts and their estate planning for the remaining assets. These are two issues that can make or break a probate case regardless of there being a will.

The former is simple to explain. If there are too many debts, there might not be enough assets or cash to pay them down. So, everything may be sold to pay the debts off. Concerning the issue of estate planning outside of a will, it’s possible that the deceased crafted irrevocable trusts for their assets. And since the contents of these documents aren’t impacted by probate, there might not be assets to inherit outside of the trusts. It’s possible that other matters may need to be dealt with still, but any asset that’s legitimately in an irrevocable trust might just go from one owner to the next. As a side note, it’s not just Minnesota residents who have to take these two factors into account during probate. They can modify probate cases regardless of which of the fifty states that you reside in.

Minnesota Probate Lawyers

Working on a probate case in Minnesota may take having a Minnesota probate lawyer from this state of winters and waters. How much this state’s laws modifies the case will vary for each case. Though, if there truly isn’t a will to go on, you may want to work on having as much help through the steps that you can have.

In case you talk to anyone about this situation, 612-424-0398 is the number that you can use to find help.

See if Flanders Law Firm LLC can be where you find resolution to the matter at hand so that you can move forward with this case and settle things properly. You may not have a will to go on, but you can have an attorney to work with.

Contesting A Will in Probate | MN Law

Posted on January 24, 2022 by jlawyer

Contesting a Will in a Probate

The following is a brief introduction on what you may want to consider and what you may encounter in the case that you want to refute or change a probate law case. For starters, let’s assume that everyone attempted to do the right thing.

These cases can be, after all, family members trying to interpret a deceased relative’s handwriting and seeking to do their best to carry out those instructions. There are physical limitations of what can be done. Moreover, that’s not even discussing what might be involved when attempting to prove the legitimacy of a will or proving that an estate can be summarized so that it doesn’t need to go through the normal probate process.

Accountable to Who

Oftentimes, a Minnesota probate judge is the one who has final say in the matter overall. The executor may well have input in what’s done immediately, but they’re still ultimately held accountable to a probate judge.

Remember that a probate court is probably going to be what decides who can be executor or administer over the estate in the first place. That said, a probate judge and court may be more involved in probate cases in which a will is not present or cases in which the will was contested.

The will may serve as a supplement to a judge, more or less, and so the judge may need to pay more attention when the will is either invalid or nonexistent. Judges interpret the will, but understand that they’re supposed to do their best to see that its contents are carried out.

Keep in mind that any family member who wants to contest the will should be well aware a negative potential outcome. The result may, in fact, be in the concerned beneficiary’s favor overall. The problem, rather, may be that the judge needs to make different decisions than what the deceased originally intended in the now invalidated will. Invalidating a will may not bring the estate to ruin, but it will probably overturn part of the estate planning that was intended to guide the probate process. Assume that the judge has taken the place of whatever will might have been in the case that this estate planning document is silenced.

Less Assistance | The Court is Not Your Lawyer

Probate judges don’t always need to be fully involved with the probate process. They will probably have say in the matter to some degree, but when the estate is small enough, there’s the chance that they may allow the estate to be summarized, causing the judge to not have as much to worry about. States might have different laws for what kind of estates can be summarized, so make sure you investigate how that may impact the process for you. Not every estate can be summarized, and getting permission to summarize the estate is often a sign of goodwill.

The one thing that will probably impact this the most is the overall worth of the estate. Larger estates tend to mean that there needs to be more court involvement. As the price of the estate increases, so does the likelihood that there will need to be more involvement by a judge. Comparatively, a smaller estate may mean that you’ll interact with the court for a fraction of the time compared to what you might do during a normal probate case.

That’s why having a will that’s well setup and maintaining a small estate may make the whole ordeal a lot simpler on your family. In cases like these, you may actually need to present concerns regarding the executor instead of the judge, since the executor may have been acting more on their own because of being allowed to summarize the estate.

No Partiality

As in most legal cases, probate judges are not supposed to show any partiality. Probate courts shouldn’t even want the executor to be someone who intends to buy the deceased’s home. That alone might be something which cripples the intended executor from gaining court approval. Partiality, in fact, might be one of the few things that legitimizes your claim against the court’s decision.

Proving that, nonetheless, might be a more difficult matter. In fact, you may even want to look and see if the judge was lied to and assume that they were acting out of blindness.

Your first concern in this matter should be getting all of the hard facts straight. Find out how much money, how many assets, how much real estate, how many vehicles, and how many items could have been involved in the case. If you find something that should have been included into the final inventory, that item might be your key. Hope that someone just forgot.

Don’t assume that you have a case until you can prove that someone actually did something they weren’t supposed to do. It’s very possible that the property that you wanted to receive had to be sold, and that the judge fully knew of the negative ramifications and approved the sale regardless of the results. Dealing with debt in probate isn’t always pretty.

Emotions or Illegal Will

Should you actually find that you’re looking to challenge the judge’s decision, perhaps the central objective should be to understand all of the elements impacting the judge in question. This could be, in the simplest terms, because of the judge’s emotions playing into their judgment. Choices that don’t make sense in the case are what you need to investigate thoroughly.

That’s why it’s so important that you, as mentioned previously, understand the hard facts concerning the deceased’s estate. You need to actually know what the judge had to work with instead of assuming that they wanted to do the wrong thing. Consider that the judge may have only had the known estate to work with and wasn’t planning on charging anyone else to cover the deceased’s outstanding bills.

You must also understand that the judge may have also considered parts of the will as being unreasonable according to the law. Proving otherwise may be difficult.

That said, matters in which beneficiaries are unnamed and challenge the will aren’t unheard of. Those cases may prove to be more understandable as they may be based off the will not including enough information compared to the will including faulty information. The reality of the matter is that if a judge chose to have someone not carry out a given section of the will, it might be up to you to prove that it should and could have been carried out. Wills are almost always subject to the court’s interpretation, and just because a section of the document was unable to be carried out, it may not invalidate the entire document.

Minnesota Will Contest Lawyers

Cases that actually involved intentionally wrong decisions might not be something that you encounter everyday. Contact a Minnesota probate attorney. Before you do anything in regards to making changes to the final decision, get some advice on the matter from a probate attorney. Request the advice from one at Flanders Law Firm LLC by calling them at 612-424-0398.

They might be able to discern and actually tell you if there’s been any major issues before you do anything. As a positive suggestion, they might even be able to help resolve things so that each party is pleased with the outcome. Involving a one of these lawyers is completely normal and you shouldn’t feel concerned about bringing them in to assist with the overall case. People usually involve them even when things are going smoothly to ensure everything gets done properly.

Estate Planning In Light of COVID-19

Posted on January 19, 2022 by jlawyer

Estate Planning in Light of COVID-19

Being concerned about what might happen next is completely understandable. Becoming incapacitated is a possibility even for people who don’t test positive for COVID-19. While you might be concerned about what might happen to you medically, you might still be able to do something for your health and estate through estate planning law. Your family may want to have power to make the medical decisions that you can’t make on your own.

Preparing for any kind of incapacitation isn’t always about what happens to you medically, moreover. There might be concerns about bringing in a conservator to care for your assets or figuring out how to care for your children. You can set things in place to prepare for testing positive or for other medical circumstances.

COVID Incapacitation

Now might be the time to start working on or reworking your living will. Though every case is different and you should definitely consult your doctor about health matters, it’s possible that being diagnosed with COVID-19 could result in eventual incapacitation. Being in a coma as a result of COVID-19 is a real thing. Your living will is one of the best ways to tell your doctor of what to do next even if you’re unable to mouth the words.

This is the central document if you want your friends and family to know what to do when you become incapacitated or if you are close to passing. Otherwise, they may not know what you’re looking for them to do in various circumstances. Never forget that incapacitation almost never helps you while you’re working on estate planning. That said, it’s wise to do things early on while you’re still healthy, ensuring that incapacitation won’t invalidate anything that you’ve set in place.

POA or Backup

Though you may have no interest in having a guardian or a conservator, it’s important to at least consider them. Unless you have durable power of attorney put into place, you may at least need to have a guardian in order to make medical decisions for you. That may involve someone else getting a bond in order to care for you. Conservators can be there to handle your assets while you’re physically unable to, and that doesn’t mean that a conservator can’t be your guardian and vice versa.

If having a guardian or conservator doesn’t sound appealing, durable power of attorney is almost always a good idea. While it’s true that you need to find someone you trust, a spouse or a best friend are two great options, if you believe that you may need someone to make medical or financial decisions for you, maybe have a bit of say in who decides. Regular power of attorney will not last if you become incapacitated. If you don’t grant durable POA, you may want to make your family aware of them possibly needing to find you a guardian or a conservator.

Caring for the Kids

It’s possible that you might not be the only person who needs a guardian. Your kids might come to depend on one until they can care for themselves. Designating someone else to be their care giver is something that you can do even if your kids enjoy the luxury of a two-parent household. You may be thinking about how the virus will affect you, but you’ve also got to plan for how it may affect the rest of your household.

This doesn’t mean that you have to forfeit your parental rights. Just think of this as making sure that your children will have a home to come to. There’s the chance that both you and your partner could succumb to COVID-19. You may even want to start having the talks sooner than later as they might want to have say in how their kids are taken care of, too. Not every estate planning decision should be done on your own.

Get the Executor

On top of having a will to account for your estate, it might be wise to also designate an executor of your estate. They’re the one who will be accountable for carrying out the contents of your will. While you might just want to draft a will and be done with it, that may not be the best option. Someone has to do all the hard work in your absence and that person may want some heads up.

A will is an essential part of estate planning and you may even want to start there. Nonetheless, don’t neglect figuring out who will do the dirty work. Treat them as you would treat the person that you give durable power of attorney to. All of those debts and creditors that want their money back will have to go through your executor if they want some of your assets. Moreover, they have to do most of their job when you’re not around anymore. While you might talk with the person who previously served as your guardian or conservator, your executor might just have to work while thinking of all the good times that you shared.

Minnesota Estate Planning Lawyers

Yes, you should probably talk to medical professionals if you think you need to get tested. Assuming that you’re healthy, you may want to take the time to speak to someone from Flanders Law Firm LLC. If you’re worried about going in-person, enter 612-424-0398 into your phone and request a free quote.

You can get an estate planning lawyer who’s helped people deal with all sorts of concerns to assist with the fears you might have. Staying healthy is one of the best ways to prevent your concerns from ever coming to fruition, but it never hurts to have a little backup. At least, take the time to talk things through and prepare for better or for worse.