Starting an Informal Probate in Minnesota

Posted on December 7, 2015 by jlawyer

Do you have questions about starting an informal probate in Minnesota? Read on.

An informal probate proceeding starts when an “application” is filed with the appropriate probate registrar in the county of venue. What does that mean?

In essence, the proper venue is a the place where the deceased person (decedent) lived permanently at the time of his or her death. There is a question of interpretation of the term “permanent”. If you have questions, a MN probate lawyer should be consulted.

Starting an Informal Probate in Minnesota

The application must contain certain information. The required information is set forth in Minnesota Statutes, section 524.3-+301, the MN probate court rules, and the local county level rules.

The probate application must be accurate in its details. This is because the information in the application is the basis for all subsequent finding made by the registrar. Once the application is signed by the personal representative of the estate, the attorney and the personal representative can set up a meeting with the county registrar. Whether a meeting is required is up to the county and registrar. Check your local rules to see what is required in your county. Sometimes the hearing may only be a telephone call with the registrar.

Items which need to be in the Probate Application

Some of the major items that must be in the probate application include:

The decedent’s full legal name, any prior names
The decedent’s date of birth and date of death
The personal information of the personal representative
An explanation of why venue is proper in that particular county
An explanation of whether a Will existed or whether the decedent died intestate
A list of the “interested parties” or the heirs and creditors of the estate
Whether the will requires a bond
Whether the will requires a formal or informal personal representative
Whether there are any complications with the heirs
Whether there are any complications with the Will
An identification of the property and debts of the estate
Other information

There is no right or wrong answer to exactly what has to be in a probate application in Minnesota. However, a probate attorney should be consulted to make sure all the requirements are met. Every case is different and different laws apply to different facts.

Appearances of Counsel

Appearance requirements also vary from county to county for informal probates. In many counties, the application may be filed by mail and no appearance is necessary. In other counties, a formal attorney appearance may be required. Sometimes a mail filing is sufficient; however, many counties are now requiring e-filing.

If you have questions about your county, contacting the probate registrar’s office is a good idea. The probate registrar’s office may be able to provide the local probate rules to you.

Meeting with the Probate Registrar

After the application is filed and accepted, a meeting with the probate registrar should be scheduled. The attorney and personal representative should bring the application and the will, as well as any other supporting documentation. The attorney should also be sure to bring the personal representative’s acceptance of appointment and oath. This is an important document because it provides the basis for the personal representative’s fiduciary duty to the rest of the heirs.

Once the meeting with the probate registrar is over, the registrar will either approve the application or ask the estate to re-file as a formal administration. Whether a formal administration is required is a subject of another post. As always, for questions on starting an informal probate in Minnesota, an attorney should be consulted.

Free Initial Consultations

Questions about starting am informal probate in Minnesota? Contact the Flanders Law Firm today. The firm offers free consultations to all potential clients. Call (612) 424-0398.

Starting a Minnesota Probate Estate | MN Probate Law

Posted on December 3, 2015 by jlawyer

Starting a Minnesota probate estate usually means filing a “Petition” or “Application” with the district court located in the county of the deceased person’s (decedent’s) last known address. Attorneys call this “venue”.

Whether a Probate Petition or Application should be used depends on the nature of the estate. For question on this issue, a probate lawyer should be consulted.

Minnesota Probate | Choosing Informal or Formal

Basically, if problems or issues may arise from the estate administration, a formal probate is usually the best option. This means that the personal representative’s actions will always be approved by the court. This protects the heirs because the court is supervising the personal representative. This protects the personal representative because the court will approve their decisions without fighting or back-biting from angry heirs or siblings.

Below are common issues which the law firm has seen created by heirs in starting a Minnesota probate estate:

Distributions will be made to a minor heir or devisee (person who receives money from the estate)
There may be confusion about the identity of heirs
The whereabouts of heirs is unknown
There is a possible issue with the state due to lack of heirs
There may be an inaccurate description of the heirs.
There may be illegitimate children of the decedent
The requirements of the Will cannot be satisfied and the personal representative needs court approval
There are existing disputes among the heirs and the personal representative
An heir or devisee caused the decedent’s death

Starting a Minnesota Probate Estate | Problems with the Will

Furthermore, common issues that arise which create the need for a starting a formal estate include:

A problem with the Will
The original Will is lost
There are handwritten changes to the Will
A separate writing is listed in the Will but cannot be found
The court cannot understand the Will
There is a need for a will construction due to an confusion or mistake in the Will
The Will does not contain a residue clause
The Will fails to nominate a personal representative

Real Estate in the Initial Probate

If the probate proceeding includes real estate, the real estate (home or otherwise) will need to be included. This means finding the legal description and deed containing the last known ownership interest on the real property. This can be found at the county recorders office in the county where the decedent lived or where the real estate is located.

Also, keep in mind that if the real estate will not be sold during the probate, a personal representative will likely want to proceed in a formal administration. This is because many county recorders offices will not recognize a probate registrar’s determination of the heirs, which may cause the title to be unmarketable when it is later transferred to another party. If, however, the intent is to sell the property during the administration, or if the will includes a specific person who will get the home or real estate, in most cases, a personal representative can proceed in an informal probate.

In all cases, if you have questions about how to deal with real estate in a probate, a lawyer must be consulted. Failure to properly title and transfer real estate is one of the most common reasons for personal representative liability for negligence in handling the estate.

Insolvent Estates in a MN Probate

An insolvent estate is one which has more debt than assets. In other words, the deceased person owed more money to people than they actually have in their estate.

Having an insolvent estate is one prime reason to start a formal proceeding. This means that the personal representative and the lawyer will be responsible for, essentially, cleaning up the estate, paying bills, and then filing a closing statement with the court. It is easy to understand how people or companies might be made when they do not get paid what they feel they are owed. However, this is often the job of the probate estate. The personal representative and the attorney should be very careful in this situation. Finally, again, court supervision of the probate estate is ideal.

Free Initial Consultations

Questions about starting a Minnesota Probate? Contact the Flanders Law Firm today. The firm offers free consultations to all potential clients. Call (612) 424-0398.

Adult Child’s Probate | Answers from Minnesota Law

Posted on October 12, 2015 by jlawyer

Do you have questions about handling an adult child’s probate? Few things hurt more than having to bury a child of any age.

Yet over time, you can move on with your life with the help of family and friends – and even new acquaintances. While your pain may never fully go away – you can find ways to live with it and enjoy this world again. After all, your beloved and departed child would want you to move on.

Yet apart from addressing your grief — how should you move forward with handling your adult child’s probate? Your path forward will largely be determined by whether or not your adult child was married or living with a “significant other” at the time of his/her death – and the identity of your child’s designated personal representative or executor.

Here are some general estate-related topics you’ll want to address with your Minnesota probate attorney at this difficult time in your life.

Issues Surviving Parents May Need to Face in an Adult Child’s Probate

Did your son or daughter leave behind a spouse or significant other? If so, you should make every attempt to move forward with probating your adult child’s estate on as friendly of terms as possible – especially if you were named as the personal representative or executor of your adult child’s probate. If you were not named as the personal representative of your adult child’s estate, you must move forward even more sensitively, especially if there are major possessions (or property) and keepsakes you hope to reclaim at some point;

Were there any grandchildren born to the couple – regardless of their marital status?

Be aware that this will require extreme sensitivity on your part so you can preserve or create meaningful visitation rights with the child or children. Should the surviving parent have serious addiction or other personal problems that must be addressed right away, you may need to consider adopting the children – or making other arrangements that are in their best interests;

Address your own grief sooner rather than later. If you do not have a spouse or close friends you can lean on for emotional support, ask others in your community where you can obtain sliding-scale or discounted therapy sessions if your funds are low.
You can also visit psychologytoday.com to locate a counselor. Should you be a member of any faith community, reach out for help in that setting.
Finally, be aware that some Internet websites can put you in touch with others who are grieving. Of course, you should never give out your full name or actual location to any strangers online – as some people may try to take advantage of you. (Some online resources are set forth below);
Did your son or daughter own considerable property in his/her name? Your attorney can help you look into this so you can make sure no one is able to try and sell or otherwise dispose of this property before the estate is probated – or passed on under your adult child’s estate plan;
Did your deceased child have any siblings? Do what you can to discuss major decisions (such as where to bury your son or daughter) with your other surviving children. Try to see that each surviving sibling receives something of either financial or sentimental value from the deceased child. Since your surviving children will be watching how you handle your own grief — try to set an example by reaching out for some counseling;

How will you handle burial, cremation and other related issues? Of course, you should first try to honor any instructions your child may have left behind in any legal documents. If no such documents exist, then you (and/or your spouse) will ideally need to coordinate this decision with a surviving spouse or significant other of your deceased child;
Do you know what to expect under Minnesota laws if your adult child died intestate – or without a Will or any type of estate plan? Your attorney can explain how the state will handle this situation – based upon the identity and legal relationships all survivors had with your adult child.

Be Sure to Visit Your Lawyer and Consider Looking at These Online Resources

After scheduling an appointment with your Minnesota probate attorney regarding the estate of your son or daughter, you may want to visit some of the following online resources. An adult child’s probate is a serious issue which requires legal counsel. While our firm cannot directly endorse any of these sites – a number of them were consulted during the drafting of this article. Each one provides useful information for those who are grieving or still acting in a caregiving capacity on behalf of a sick family member.

Compassionate friends.org; Griefhealing.com; Mastersincounseling.org (This one says it offers links to 115 useful grief websites); Helpguide.org; and psychologytoday.com. Of course, you’ll need to add a “www” and a “dot” before each of these website names. Should you still be caring for a very ill adult child now and need added support — or simply need a way to keep many others updated on his/her condition, you may want to create a profile on the often highly praised website: Caringbridge.org.

Our office is here to help you as you move forward during this difficult time.

Adult Child’s Probate Lawyers

Free Initial Consultations

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

Minnesota Probate | Dying Intestate: Too Many Famous People Also Make This Mistake

Posted on October 5, 2015 by jlawyer

Hopefully, you’re among the roughly 49% of Americans between the ages of 55 and 64 who have already created a Will or another type of estate plan.

However, if you just keep putting off this critical task, you really should try to correct this oversight at your earliest convenience.

Procrastinating in obtaining a Will greatly increases the chances that those you love the most may inherit nothing – especially if they’re not blood relatives or “next of kin.” Dying “intestate” (without a Will) means that by default, you’re giving your state’s statutes the power to select your beneficiaries for you.

Please consider contacting your Minnesota estate planning attorney today so you can obtain the help you need. In the meantime, feel free to review the names below of some of the famous people who also forgot to create Wills. Hopefully, you’ll decide to leave gifts of different types to your various loved ones, friends, and favorite charitable causes.

Famous People Who Failed to Create a Will Before Dying

Abraham Lincoln. Although he was a lawyer and served as our nation’s 16th President, he still overlooked creating a Will prior to his assassination in 1865. Fortunately, since he was married, that increased the chances that his loved ones received most of his wealth. However, any close friends or others he might have wanted to provide for were surely prevented from benefitting from his estate;

“Sonny” Bono of “Sonny and Cher” fame. Although his birth name was Salvatore Phillip Bono, most of us will always remember him as one of the artists who sang “The Beat Goes On” and “I’ve Got You Babe” with his (then) wife, the singer Cher. Many of today’s younger entertainment fans may also know him as Chaz Bono’s dad. Mr. Bono died back in 1998 due to a skiing accident;
Pablo Picasso. You would think this highly accomplished painter might have created an elaborate Will to benefit some of the many people who added substance to his life. Yet like many others, he overlooked this important task. As his Bio.com profile indicates, Picasso was “one of the greatest and most influential artists of the twentieth century.” Although he passed away long ago in 1973, many will always recall his singular contributions to Surrealism and Cubism;
Other musicians, singers, and rock stars who failed to create a Will. These include John Denver, jazz great John Coltrane, George Gershwin, Tupac Shakur, and Keith Moon – still remembered by Baby Boomers as the drummer for the group known as “The Who;”
Additional artists, writers, and comedians who died intestate. These include comedian Chris Farley of Saturday Night Live fame, actor Sal Mineo who starred in the film “Rebel

Without a Cause,” the very bright yet volatile comedian Lenny Bruce, actor Peter Lorre, actress Jayne Mansfield, and poet Dylan Thomas;

Other famous people who died without a Will include: Billionaire Howard Hughes and civil rights leader Martin Luther King, Jr.

Although you may think you’re in good company to still be without a Will, keep in mind that failing to create an estate plan often means:

Large sums of money you left behind will be wasted during the lengthy time period it may take to disburse all of the wealth you left behind. It’s been said that it cost approximately $30 million to settle Picasso’s estate – funds that his loved ones or various charitable groups could have put to far greater use;
You stretch out the grieving period in an agonizing way for those who truly loved you. No one wants to be handling critical financial matters while they’re grieving, even if they hire an attorney to appear in court on their behalf;
Critical living expenses needed by some of your sickest distant relatives may go unmet while your estate is being settled;
Your state’s intestacy statutes can easily wind up giving your entire fortune to a sibling or parent who always treated you very poorly while you were still alive. No one needs a “laughing heir” who will laugh all of the way to the bank, knowing you never intended for him/her to inherit a penny from you;

Public or charitable causes you greatly loved will never see a penny of your wealth. Surely we should all try to do something good with at least part of our estate at the end of our lives – preferably something that will benefit those in great need.

Minnesota Probate Lawyers

Free Initial Consultations

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

Starting the Informal Probate Process in Minnesota

Posted on September 22, 2015 by jlawyer

If you want to probate a simple estate involving limited property, ask your lawyer if you can initiate the informal probate process. An informal probate is a fairly straightforward approach.

As for the general requirements, you’ll need to first check with your lawyer or county probate court because some Minnesota counties allow you to initiate the probate process online while others insist you do so in person. Here’s a quick review of what you and your attorney must include in the application to begin probate in this manner.

Information That Must Be Included in Your MN Informal Probate Application

Clear statement about your identity. You must tell the court what your interest is in the proceedings – whether you’re a spouse, child, personal representative or another party;
Specific data identifying the decedent. Be sure to include this person’s birth and death dates, along with the county and state s/he was living in at the time of death;
Provide contact data for all close relatives. In other words, list the names and addresses of the deceased person’s spouse, as well as his/her children, heirs – or other people named in any Will that may have been found. Also, if any of the children are minors, you need to list their ages;
Note where the decedent was living if his/her formal domicile was not MN at the time of death. This informs the court of the proper venue for probating the estate;
Identify the personal representative, if you have this information. Be sure to provide this individual’s address, too;
Include information about other related filings. If you know or believe that there’s been another probate or “appointment proceeding concerning [the] decedent” in MN or somewhere else – be sure to include this data, too.

In cases where the decedent left behind a Will, you must also include the following information in your application to initiate a probate.

The location of the Will must be described. You need to state whether the Will is already in the court’s possession, is attached to your application or if you’re providing an authenticated copy of a Will that’s been probated in another jurisdiction;
Reference if the Will has been properly executed. Check to be sure all proper parties signed the Will and that it was duly witnessed and notarized;
Validity of Will statement. You must be able to truthfully state that you have no knowledge (after checking) – that the Will has been revoked;
Statement that you’re filing the application in a timely manner.

Keep in mind that, in Minnesota, applications for both informal and formal probate “must be initiated within three years after the decedent’s death.” Always check with your Minnesota probate attorney when you believe that there could be a challenge to the timeliness of filing the application.

Response to Your Application

You should be able to quickly learn if the probate registrar views your application as complete. Once this decision has been made, the registrar will issue a statement of probate and appoint a personal representative. After you have successfully filed an application for the informal probate of an estate, the registrar will allow the personal representative to pay debts and inheritances, and complete all of the other required tasks without court supervision. Be sure to ask your lawyer what other rules or procedures may apply if the personal property involved in your Minnesota estate is worth less than $75,000.

Should you need to review the types of documents often required during the probate process, please visit an earlier article of ours entitled, “The Most Useful Minnesota Estate Planning Documents.”

Free Initial Consultations

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

Minnesota Probate Law | How Ethical Personal Representatives Avoid Lawsuits

Posted on August 11, 2015 by jlawyer

When most people have their Wills drafted, they choose highly responsible and wise family members or friends to serve as their personal representatives. Likewise, when someone dies without a Will (intestate), probate courts appoint well-qualified individuals to serve in this role.

While acting as a fiduciary, your personal representative has legal permission to manage your assets so that if your estate is large enough, all of your outstanding debts can be paid and all gifts can be distributed to your named beneficiaries.

Yet as straightforward as this process sounds, problems can easily arise. Here’s a look at the main duties your personal representative must handle, along with tips for addressing these tasks in a timely and fully transparent or honest fashion. When any unique challenges develop, many personal representatives request the help of a Minnesota probate attorney.

Key Duties Required of a Minnesota Personal Representative

Must locate and protect all estate assets. After properly notifying all of the testator’s creditors and beneficiaries that the probate process has begun, the personal representative must carefully locate and appraise all of the estate assets. S/he must then make sure they’re kept in a secure location throughout the probate process. When necessary and affordable, outside appraisers can help the personal representative make sure accurate values are assigned to all assets;

All legitimate, outstanding creditor debts presented must be paid, along with all probate expenses. Minnesota creditors have up to four months to present their valid claims against the estate if they want them to be paid. Common probate expenses can include all funeral/burial expenses, final medical bills, all legitimate debts owed to creditors, attorney fees, and all taxes due;

A formal inventory must be prepared and presented to the court, indicating all of the testator’s assets. This list should also include the fair market value of each asset at the time of the testator’s death. Should there be any outstanding liens against any property, the specific dollar amount owed and all related information should also be included. All debts should also be noted in the inventory, including specific information regarding each creditor/party that must be repaid. A wise personal representative will share this information with the beneficiaries as s/he deems appropriate. It can also help to meet with the beneficiaries and answer their questions about the probate process;
A final accounting of the estate must be presented to the court. Every transaction conducted by the personal representative on behalf of the estate must be properly recorded and documented in writing for the court. This allows the judge to make sure that all funds expended have been legitimately spent. Receipts must be kept for all services rendered to the personal representative in the course of his/her duties. Should it appear at this stage that the estate will not be able to give each beneficiary all that was originally promised, the personal representative might want to ask for the court’s advice on how to address this issue with them;

A final distribution of all gifts should be made to the beneficiaries. Since some estates may not be large enough to transfer all promised gifts to the beneficiaries, it’s often wise for a personal representative who has been promised a set payment for his/her services to fist meet with the beneficiaries before accepting any personal payment. These individuals must realize that Minnesota personal representatives are often paid between $25 — $50 an hour for their services, unless higher fees were guaranteed based upon the representative’s professional status and experience. A proper fee can usually be agreed upon, once the beneficiaries can see that they are being awarded the maximum percentage possible of the original gifts or funds promised to them.

As implied above, personal representatives can often avoid lawsuits if they’ll meet with all interested beneficiaries throughout the probate process. If a Minnesota probate attorney has been hired by the personal representative, s/he may want this lawyer to create a document for all of the beneficiaries to sign — indicating that they understand why they’re receiving less than was originally set aside for them — and that they’re in agreement with the final accounting.

Minnesota attorneys and lawyers

If you have questions about the home, transfer of title to real property, or other Minnesota probate questions, contact Flanders Law Firm LLC at 612-424-0398.

The Probate Homestead in Minnesota | Transfer of Title to Real Property

Posted on June 29, 2015 by jlawyer

In many initial consultations with the heirs, children, and surviving spouses of a deceased person, people often have questions about whether probate is necessary and or how to transfer title to real property or the “homestead” from a deceased person’s name to that of the interested party.

Small estates in Minnesota probate

As I have discussed in previous posts on this topic, in many cases a probate estate will not be necessary. When an estate is valued at less than $50,000, Minnesota law provides that a probate will not be necessary.

Assets and other information may be transferred by a small estate affidavit. You have questions about this process you should contact Minnesota probate attorney.

The probate homestead in Minnesota

Even if the deceased person had assets which are valued at less than $50,000, they may still have had a home or other parcel of real property in their name. The law considers this an asset.

In most instances, the home will be worth more than $50,000. Furthermore, it is necessary to have a court approve the probate administration in order to transfer title properly from a deceased person to the name of the person’s heirs or the individual or individuals who were named in a person’s Will.

The Minnesota title standards and what are called the “white pages” provide an explanation as to why court approval is necessary when transferring title from a deceased person’s name to their heirs. It is very important that there are no “clouds on the title” of the real property going forward. As you might imagine, when a person passes away and the real property or home is in their name, the law does not want a county recorders office having deeds that are poorly drafted or do not transfer title properly to the person or persons who are entitled to the property.

Without court approval, the transfer of title process can become very messy in a hurry. This is because laypersons, who are not trained in the law, often make mistakes on how real property is transferred from one person to another. Furthermore, it is been my experience, as an estate planning and probate lawyer, that people are unclear as to what an estate means in terms of ownership. In essence, the estate still owns property even though a person may have passed-away. Title to real property does not automatically pass to children, surviving spouses, or heirs.

Minnesota attorneys and lawyers

If you have questions about the home, transfer of title to real property, or other Minnesota probate questions, contact Flanders Law Firm LLC at 612-424-0398.