Many couples have asked me to do some basic Minnesota estate planning for them. My response is usually, ok, what kind of estate planning do you think you want done? Although I get many answers to that question, there are similarities that arise time-and-again. For instance, today, a client asked me to draft a Will,…
Author: Flanders Law Firm LLC
Minnesota Uniform Probate Code
Probate law is a function of state governments. A Minnesota probate lawyer will tell you that this means that there is little or no federal law related to probate administration. There is law related to federal taxation, yes. However, state law governs the actual probate proceedings. The statutory authority for probate administration in Minnesota is…
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 In the case of In re Estate of Mary Ann Reiman, A11-203 (Minn.App. 01/03/12)(unpublished), the appeals court…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…
Estate Planning | What to do with an inheritance
Disclaimer: this article and all content related to it will not be able to tell you what to do with your inheritance. Now that the disclaimer is out of the way, I would hope that any person who has inherited a large (or even small) amount of money had a plan for what they want…
Estate Planning | When Your Estate Planning Lawyer is Stealing From You
As an estate planning lawyer, I know that ethics are very important. I take my duties to my client very seriously. I know that I am in a position of power and that with power comes great responsibility. Go read the Bible, read Shakespeare. It is all in there. So, when I read article about…
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 | What Does “Probate Property” Mean?
The term probate and probate property is, in my opinion, largely misunderstood by the public at large. Unfortunately, only a good probate lawyer will typically understand these complicated legal terms. Why is it important to understand the meaning of the term “probate property”? Because it has a significant impact on the administration of an estate…
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…