Minnesota probate law and procedures govern how the probate process is conducted within the state. Below, I’ll provide an overview of some key aspects of Minnesota probate law and procedures: Jurisdiction: Probate matters in Minnesota are typically handled by the district court in the county where the decedent resided at the time of their death. If the decedent owned real estate in multiple counties, ancillary probate proceedings may be necessary in those counties. Types of Probate: Minnesota offers two primary types of probate processes: formal probate and informal probate. Formal Probate ..read more

Do You Need a Will in Minnesota?  |  Reasons Why You Need a Will Even if You Think You Don’t Though no one in your family might be prompting you to procure a will, you may still find one handy. Minnesota Wills surpass income brackets and assist people of all walks of life. As long as you’ve reached the age eighteen, a will may be something that you should start looking into. If you haven’t reached that birthday yet, you can even start gathering more information so you’re ready later on. Don’t be fooled into thinking that this legal document is only for money-related reasons. People p ..read more

Minnesota Power of Attorney Minnesota Power of attorney is a very important estate planning document and helps Minnesota residents with financial transactions during someone’s lifetime. In essence, the power of attorney allows third-party to act on behalf of another person, for all manner of legal transactions.  These transactions can include financial transactions, banking transactions real estate transactions, business transactions, fiduciary transactions, estate planning transactions, and all manner of financial transactions that want might arise in life. Short Form Power of Attorney M ..read more

Benefits of Revocable Trusts in Minnesota As estate planning lawyers, we often have conversations with clients about the differences between wills and revocable trusts.   This article will focus on benefits of revocable trusts in Minnesota. Some of the common reasons to use a revocable trust are: Avoiding probate Holding land or real estate Having spendthrift provisions for heirs Protecting your assets from creditors Revocable Trusts and Avoiding Probate Revocable trusts can be a great way to avoid a Minnesota probate.  Why is this?  When a person dies, if that person has ..read more

Just because a will gets notarized doesn’t mean that it’s ready for Minnesota probate. You should know what kinds of concerns can be run into when validating a will so that it can be used during probate. More or less, there are two main factors which probate may check in the will, that it’s properly notarized and that the will itself meets all of the basic requirements for being probated. It’s hypothetically possible that any written document can be brought to the courthouse and mentioned in the case. The main concern is, however, if said piece of paper will have any legal power to sway the ca ..read more

Funding Revocable Trusts in Minnesota Perhaps the primary thing that you should be cautious about using a revocable trust for is laziness. If you can transfer an asset now by means of an irrevocable trust, that may be the route to take. Revocable trusts are the kind of trust for the stuff that you still want to own and you still want control over. They allow you to change them constantly and that’s a good thing in certain contexts. Even if a certain asset can go into a revocable trust, however, it doesn’t mean that a certain should go inside a Minnesota revocable trust. Irrevocable trusts are ..read more

Dealing with financial situations where not everything is covered by benefits can be difficult to navigate. Someone might not have all the assets to cover their living expenses, or they may not be able to have enough assets in traditional bank accounts to enable to cover their expenditures. Living with a disability can be a challenge on several levels, especially when you’re trying to live a qualitative life without forfeiting your benefits. For those who have special needs and loved ones with special needs, there is still hope. Minnesota Special needs trusts can be crafted to help with the af ..read more

Putting your home in a trust might sound like a good idea, and in most cases, it probably is for the best. So that you’re aware, though, of what that might entail for you, here’s a bit of an introduction to what you may need to go through and what might be the results. As with most trusts, this could involve dealing with assets, assets, and more assets. Just for starters, your home itself is perhaps one of your largest assets. And because of how important your home is, trust law can provide added protection. Money concerns might not need to be so scary as long as the roof stays over your heads ..read more

How to Be a Guardian Guardianships are nothing to joke about. This article is on how to be a guardian under Minnesota law. Being a guardian to someone is a very serious matter as you get to make tons of vital medical decisions for an incapacitated individual. Whether or not they get better might be up to you. Sure, you might want to blame issues on faulty medical staff, but your yes and your no may dictate what the staff can and cannot do. Everything you pick should only be the best for the person you’re protecting. If you want to do the best job, here are four general recommendations to help ..read more

Avoiding Estate Planning Mistakes Estate planning is a powerful tool. Though, because of how much estate planning law encompasses, it’s easy to get confused and/or miss some key parts. Not only are you potentially trying to account for every last asset, you might also be trying to ensure that you have proper medical coverage. You don’t want to be underprepared in the event that something does happen. So, to help you get everything right, you’ll find four examples of what kind of mistakes anyone can make during estate planning. These examples are meant to help you avoid making them yourself. Pl ..read more