Are you looking at the least restrictive measures? This article is aimed at those persons directly petitioning the court for the appointment of a guardian and/or conservator over a person in need. Often, the person petitioning the court is an attorney. However, in some cases, family members, county agencies, and other third-parties will also petition…
Tag: Goodhue County
How to Get Letters Testamentary | Minnesota Probate Law
Getting Letters Testamentary One of those common question the law firm receives is: “how do I get letters testamentary?” Because this questions comes up so often, we have decided to write a long post about the topic. Letters Testamentary Before we can answer the question of how to get letters testamentary, it is important to…
What Is a Valid Will in Minnesota?
What is a Valid Will in Minnesota? It is very important that people understand that Wills need to be drafted and executed in the proper, legal manner. If the legal requirements are not met, a court of law could invalidate what people believed was a proper Will. Minnesota law has very clear language on what…
Minnesota Probate Law | Subject Matter Jurisdiction
Subject Matter Jurisdiction in a MN Probate In a probate proceeding, the personal representative of the estate files an application with the probate court in the county where the decedent lived at the time of his or her death. This process triggers entry into probate court. All counties in Minnesota have probate courts to hear…
MN Probate Law | When Death Isn’t Definite
When dealing with probate and estate planning issues, an unfortunate prerequisite is death. Someone has passed away and loved ones have to scramble to get their ducks in a row. The assumption is that death is concrete, tangible and easily ascertained. Its everything else that’s supposed to be complicated. Though that’s often true, it isn’t…
Time Limits for Probating a Will in Minnesota
Typically, when we discuss timing and probate, the issue concerns how fast (or slow) the probate court is likely to move. Though this is a common question, and a good one to understand, for some people moving quickly may not be what theyre most concerned about. In such cases, the question is not how fast…
MN Probate Court | Subject Matter Jurisdiction
In a probate proceeding, the personal representative of the estate files an application with the probate court in the county where the decedent lived at the time of his or her death. This process triggers entry into probate court. All counties in Minnesota have probate courts to hear matters relating to the administration of an…
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 and Creditor Claims
Creditor Claims in Minnesota Probate Estates Minnesotas probate statute attempts to clearly delineate the rules for the administration estates. The underlying purposes and policies of the probate statute are to simplify and clarify the law concerning the affairs of decedents, missing persons, protected persons, minors, and incapacitated persons, and to promote a speedy and efficient…
MN Estate Planning | Family Limited Partnerships
Family Limited Partnerships in Minnesota Family-run businesses are an excellent means for parents to leave a legacy for their children. Although simple in concept, passing a family run business down to children or grandchildren can present unexpected pitfalls. Increasingly, many small businesses are using business associations to accomplish estate-planning goals. Partnerships are a business entity…