Opening a Probate Case – Things To Prepare For Preparing for a probate case might be just what you need to do. Maybe you wanted to do this earlier since you feel overwhelmed or perhaps it’s because you’re always wanting to plan ahead. So, here are a handful of things that you should plan on…
Category: Probate
When Probate Might or Might Not Need to Happen
When Probate Might or Might Not Need to Happen It’s not wrong to hope that everything will get put away on its own. And that would be a very nice thing. The trouble with that dream, however, is that when someone passes on, there might need to be some things that need to get resolved…
Estate Planning in Minnesota | Different ways of dividing property
If you’re preparing to create an estate plan, you might think it’s all pretty straightforward. Simply write down a list of names and you’re done. Once you’re gone, those named heirs will receive their designated items, no muss, no fuss. Though possible, things seldom go so smoothly. Instead, life intervenes and can disrupt your supposedly…
Minnesota Probate Attorneys Fees, Burden of Proof
In an interesting case out of Minnesota, the Minnesota Court of Appeals affirmed in part and reversed in part a trial court order denying an attorney’s submission of his total attorney fees in a high conflict probate proceeding. In the case of In re Estate of Mary Ann Reiman, A11-203 (Minn.App. 01/03/12)(unpublished), the appeals court…
What is probate?
As an estate planning lawyer, I have been asked “what is probate” on more than one occassion. I’ve also tried to answer that question on this blog. Probate is the process by which the instructions contained in a person’s Will are administered in the court system. It is not something to be scared of. It is…
Probate Law | What is Ademption?
In the field of estate planning and probate law, the legal doctrine known as “ademption” is an important construct to understand. You should speak with a good estate planning lawyer in your state for further information about the laws where you live. The basic definition of ademption is provided once again by my favorite law…
Probate Law | Should Personal Property be Included in a Will?
Many people likely do not understand the extent to which they can dictate how, when, where, and why their personal property is transferred upon their death. Probate proceedings dictate how all property – both real and personal – is transferred upon someones death. Probate lawyers know this, but laypeople often do not. Either that or, in…
Probate Law | First Steps to Take After a Loved One’s Death
Many questions arise in the mind of a probate lawyer when a potential client first calls the attorney’s law office. The efficient handling of a client’s concerns helps to minimize delays and errors when the estate is administered. Often, lawyers are contacted by grieving family members a short time after a loved-one’s death. Common questions…
Probate Law | State Interest in Just and Speedy Probate Administration
There is no federal law of probate or estate administration. That isn’t to say that federal law doesn’t play a role. It does – mainly in the form of estate taxation. However, the laws related to how a probate estate is administered are enacted by the states. Every state has slightly different laws related to how…
Probate Law: What Must be Included in the Petition for Probate of Will and Appointment of Personal Representative?
If you have been appointed as the personal representative in a loved one’s Will and you have hired an estate lawyer, in most states, you will need to file a formal legal document, often called something similar to a “Petition for Probate of Will and Appointment of Personal Representative.” Although the law changes from state-to-state…