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

Posted on June 24, 2015 by jlawyer

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.

Minnesota Probate Cases: Why It’s Rarely Wise to Represent Yourself

Posted on June 22, 2015 by jlawyer

Nearly every day, American TV shows feature people fighting in court over various matters, including Minnesota probate cases.

As the judge questions each party, it mays it look like it’s fairly easy to represent yourself in court. However, these shows rarely tell you that they’ve provided these litigants with a highly simplified process for presenting their cases.

In real life, it’s often quite difficult to responsibly handle a complex probate matter on your own without obtaining legal advice from an attorney. Few lay people have enough legal training and experience to successfully undertake this type of complicated legal process. Far too often, serious problems develop when a person representing herself fails to promptly respond to new court requests for additional information or motions filed by other parties. Furthermore, probate cases can be especially difficult since they often stir up longstanding family disagreements.

Minnesota Courts: Factors That Help People Decide if They Can Handle Their Own Cases

The Minnesota Judicial Branch provides the public with a Self Help Center website page. It describes factors that can help you decide whether you’re truly capable of handling any type of difficult case (including probate) on your own. Here are some of the key issues that prevent many litigants from choosing to appear “pro se” or “self-represented” in court.

Many probate cases are quite complicated. If you’re trying to probate a loved one’s Will and numerous, bickering family members are involved, you may have to endure some very painful and compromising arguments that could split your family apart for decades. Fortunately, most experienced Minnesota probate attorneys have experience working with difficult or demanding family members and they can help shield you from most of the stressful interactions with your family members and others;

Court paperwork can be difficult to understand. Although most courts try to explain matters clearly, it can be difficult to understand unfamiliar terms. Once you hire an attorney, he will know how to respond in a timely fashion to all paperwork received and all claims filed by various parties or creditors interested in the case;

You must have strong organizational skills and not feel shy when speaking in front of others in public. While probating a case mainly involves handling a significant amount of paperwork outside of the courtroom, there will be times when you’ll be required to appear and answer questions put to you by the court if you try and represent yourself. This can require time-consuming research and preparation, especially if you haven’t consulted with a probate attorney about any of the most complicated matters involved;

Some legal research and analytical skills may be required. If you’re intimidated by the papers (or packet of materials) the court gives you to help with representing yourself – and you’re unable to read statutes or court cases with clear understanding, you may need to seriously consider hiring a lawyer;

It can be very difficult to hold down a full-time job while your probate case is pending. If your child gets sick at the last minute or you can’t get time off work one day, you’ll quickly learn how hard it can be to get a court to reset an important hearing or meeting;

You’re uncertain if a court interpreter can meet all of your needs. While these court employees (or outside contractors) work very hard to help those who can’t easily speak English or write clearly – they aren’t authorized to provide any type of legal advice;

Parties handling probate matters often need strong negotiating skills.

If one or more of these issues greatly trouble you, it’s nearly always best to hire an experienced Minnesota probate lawyer to represent you.

Minnesota Probate Attorneys

If you have questions about the the nomination of personal representative process and/or Minnesota probates, contact Flanders Law Firm LLC at 612-424-0398.

Why Married Couples Should Discuss All of Their Estate Planning Goals

Posted on May 18, 2015 by jlawyer

Most Minnesota estate planning attorneys encourage couples to create separate Wills since many of them enter marriage with separate property and others inherit it later on.

In addition, a number of today’s newlyweds often have children from prior marriages that they’d like to provide for in the future — and creating separate Wills makes this much easier.

Regardless of your age upon marrying, you and your spouse can more easily achieve your various estate planning and financial goals by discussing them prior to obtaining separate Wills. This often proves crucial since both spouses often work for many years and need to make early decisions about setting up employer-sponsored 401(k) and other benefits.

Your early discussions can facilitate saving up for discretionary travels and even a possible second, vacation home. Your Minnesota estate planning attorney can help you get started by explaining the different types of estate planning tools that are currently available.

Critical Topics Couples Should Discuss Regarding Their Estate-Planning Goals

Decisions involving any children you may have. Apart from discussing how many children, if any, you may want, it’s important to realize that you’ll need to agree on the best ways to provide for your children’s education – preferably in a manner that won’t interfere with your retirement savings plans. You should even specifically discuss what percentage of your children’s college or graduate school expenses you’ll be willing to shoulder, based upon your current and future income;
Where do you hope to live once you reach your 70s or later years – and how do you want to try and finance that lifestyle? Growing older always happens much faster than we expect. This is why you and your spouse should give thought early on to where you hope to live day once health and mobility issues make changes necessary;
Discuss your willingness to purchasing long-term care insurance policies now. These are often quite expensive and can usually only be purchased before you enter your “golden years.” If you don’t buy these, the surviving spouse may one day have to spend a considerable amount of your combined wealth to pay the inevitable “last medical” expenses so many health insurance policies always try to avoid covering. Of course, you should both also plan on buying the most comprehensive (yet cost effective) basic healthcare insurance policies you can afford;
What extended family obligations do you both need to address? Often at least one spouse will have an elderly parent needing some financial assistance. If that spouse doesn’t have any separate property or wealth, you’ll need to decide what the two of you can start doing now to try and provide for this person’s needs. Likewise, if either of you have a child who is disabled in any way, you must also discuss how to make future provisions for that person;
Travel and vacation goals. Do you have long-term travel goals you both wish to start financing now?
Future schooling for either spouse. Is there a chance either one of you will return to school one day — either to complete a degree or obtain training in an entirely new field? Be sure to discuss how you might create a highly flexible education savings plan that could accommodate this future possibility;
Investment decision making. Which one of you should possibly take the lead with making investments for the two of you?

Minnesota Estate Planning for Married Couples

Although this list isn’t intended to be fully comprehensive, it should help newly married couples start setting priorities early on – while also obtaining their Minnesota estate-planning attorney’s advice on which tools can best help meet most or all of these goals. It may also be wise to hire a financial planner who can provide additional insights while you’re obtaining a full portfolio of estate planning documents from your lawyer.

To talk more with a Minnesota attorney on this topic, call the law firm at 612-424-0398.

Minnesota Probate | Nomination of Personal Representative

Posted on May 12, 2015 by jlawyer

In every Minnesota probate estate, a personal representative needs to be appointed. At times, the process by which that person gets appointed can be complicated.

An important provision is the nomination of a personal representative as contained in Minnesota Statute § 524.3-203(c). This law permits people who are entitled to act as personal representative to be nominated. The question is, who gets nominated and why?

Nomination of a Minnesota Probate Personal Representative

“Interested persons” have priority to be appointed as a personal representative. The list of priority includes:

(1) the person with priority as determined by a probated will including a person nominated by a power conferred in a will;

(2) the surviving spouse of the decedent who is a devisee of the decedent;

(3) other devisees of the decedent;

(4) the surviving spouse of the decedent;

(5) other heirs of the decedent;

(6) 45 days after the death of the decedent, any creditor;

(7) 90 days after the death of the decedent and pursuant to section 524.5-428, paragraph (b), any conservator of the decedent who has not been discharged.

The persons who are “qualified to nominate” include:

the surviving spouse
other devisees of the Will
any other heirs of the estate.

If there was no Will, the heirs of the estate and the surviving spouse (if there is one) have the power to nominate a personal representative. Another important thing to keep in mind is that, if the heirs cannot agree on who should be nominated, that person nominated in the Will should ask the court for permission to serve in a “formal administration.”

Priority to Serve as Personal Representative

A nomination is preferable when a person has priority for appointment. When two people share priority, those people should renounce their right to serve and/or nominate the other person to be appointed. Again, if even one person is missing in the nomination process, a formal administration will be necessary.

Formal Probate Administration

Often, the siblings will not agree on who should serve and they do agree to nominate one particular person. In this instance, my advice to the person nominated in the Will (who is the person who most often comes into my office) is that they start a formal administration.

A formal probate administration is not necessarily a bad thing. It does, however, change how the estate is administered. If it is a formal administration, the personal representative must have their actions approved by a judge. Additionally, there must be a court hearing for many of the actions taken by the personal representative. At times, this can raise the cost of the probate estate.

In sum, it may not be possible to get all necessary nominations from the parties who have “priority” under the law. Minnesota probate attorneys understand this and you should speak with qualified lawyer if you run into this problem.

Minnesota Probate Attorneys

If you have questions about the nomination of a personal representative and/or Minnesota probates, contact Flanders Law Firm LLC at 612-424-0398.