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.

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.

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.

Minnesota probate attorney fees: How much do they cost?

Posted on May 7, 2015 by jlawyer

Minnesota probate attorney fees, how much do they cost?

The law firm charges varying attorney fees on Minnesota probates.

The complexity and work involved in the probate dictates the cost of the estate administration. There are many different types of probates, including: informal, formal, unsupervised, and supervised administrations.

At times, the attorney fees will be much less because all that needs to be transferred is one asset. In this case, there will be minimal effort involved in the transfer that asset in the probate. Common asset transfer situations, which have lower attorney fees, include the transfer of title to a home, or liquidation of a single stock, insurance, or other investment assets from the name of the deceased person to their heirs and beneficiaries.

Examples of Minnesota probates with higher attorney fees include the estates which need to be administered from date of death to distribution of assets. This would include: payment of creditor claims, publication of notice in the newspaper, negotiation of contested issues, payment beneficiaries, starting an estate bank account, paying taxes, etc. These duties can be very time-consuming and must be done correctly or liability for the personal representative and/or the attorney will be involved. In these cases the attorney fees are often much higher than many people may like.

Minnesota probate attorneys lawyers

The firm works with individuals with the estates worth less than $50,000.00 and with the estates worth millions of dollars.

Different law applies to different estates. For further questions about Minnesota attorney fees in Minnesota probates, contact Flanders Law Firm LLC at 612-424-0398.

Minnesota Probate Laws | The Meaning of a “fiduciary”

Posted on May 6, 2015 by jlawyer

Many of my clients have questions about the meaning of the word “fiduciary” as it applies to probate law.

The definition and discussion often revolves around Minnesota probate and or Minnesota trust law. For this article I will discuss the definition as it applies to personal representatives and Minnesota probate (although the general rules apply in all cases).

Minnesota Probate Law

Minnesota statute 524.3-703 provides the legal definition of a fiduciary in terms of Minnesota probably law. Below are the pertinent portions of the statute:

524.3-703 GENERAL DUTIES; RELATION AND LIABILITY TO PERSONS INTERESTED IN ESTATE; STANDING TO SUE.
(a) A personal representative is a fiduciary who shall observe the standards of care in dealing with the estate assets that would be observed by a prudent person dealing with the property of another, and if the personal representative has special skills or is named personal representative on a basis of representation of special skills or expertise, the personal representative is under a duty to use those skills. A personal representative is under a duty to settle and distribute the estate of the decedent in accordance with the terms of any probated and effective will and applicable law, and as expeditiously and efficiently as is consistent with the best interests of the estate. The personal representative shall use the authority conferred by applicable law, the terms of the will, if any, and any order in proceedings to which the personal representative is party for the best interests of successors to the estate.

. . .

As you can see, the definition of a fiduciary and what the fiduciary duties are in a probate are clear and well defined. Basically, a fiduciary is a legal definition of a person was been appointed to care for the property and legal rights of another. This is a very serious position which should not be taken lightly.

Violation of fiduciary duties

If the personal representative of the probate estate is not following Minnesota law, that person can be held personally liable for any mistakes, fraud, or misrepresentations that may have been committed. The people holding the personal representative accountable are often the heirs, beneficiaries, and or creditors of the estate. Failing to comply with the law as it defines a fiduciary is a sure way to be sued. Some common examples of failures of a personal representative include:

failing to properly notify creditors of estate debts
failure to properly account for estate assets,
failure to file an accurate inventory and/or final accounting
failure to notify heirs of their rights
not paying taxes of the deceased person in a timely fashion

In my estimation, as an attorney was been practicing probate law for a number of years, the personal representative duties are often rather obvious, unfortunately, some individuals are unable to meet the standard of caring for others. This is unfortunate.

Minnesota probate attorneys lawyers

If you find yourself in a situation we have questions about your fiduciary duties as a new personal representative, or if your questions about a person representative who is not doing his or her job, contact the probate lawyer at Flanders Law Firm LLC, 612-424-0398.