A Minnesota Estate Planning and Probate Lawyer Explains Why You Should Check the Deed to Your Home Common Scenario A client calls and explains that her husband recently passed away and she wants the help of a Minnesota Probate Lawyer because she isn’t sure what to do now. We set a time to meet…
Continue reading…Don’t Give Up Your Power. Act as Executor For a Loved One’s Estate!
A Minneapolis Estate Planning Lawyer Explains Why You Should Act as Personal Representative Instead of Allowing Someone Else to Do It I have been fielding a lot of calls (multiple a week) from people who had the right to act as the executor (personal representative) for the estate after the death of a loved one….
Continue reading…A Minneapolis Estate Planning Attorney Explains Why You Should Add Your Spouse to the Deed to Your House
A Minneapolis Estate Planning Attorney Explains the Pros of Adding Your Spouse to the Deed to Your House Many people erroneously assume that when one spouse dies, the other spouse receives all of the remaining assets; this is often not true and frequently results in unintentional disinheritance of the surviving spouse. In cases where a…
Continue reading…What [Not] To Do After a Death: Seven things personal representatives should never do
A Minnesota Probate Lawyer Cautions Against Certain Actions When You Act as a Personal Representative (Executor) 1. NEVER distribute estate assets until there has been a full assessment of potential claims against the estate. Minnesota statutes require that probates remain open for at least four months. This gives creditors adequate time to notify the personal…
Continue reading…Expenses of the Estate, Part IV: Fees Received as Personal Representative (Executor) are Taxable!
A Minnesota Probate Attorney Explains That Fees Received for Acting as a Personal Representative (Executor) Are Taxable Serving as a personal representative takes a lot of time. As a result, some personal representatives consider charging the estate for their time as permitted under Minnesota law. As appealing as that can be, the attorney should help…
Continue reading…Expenses of the Estate, Part III: D0 I Get Paid To Act As Personal Representative (Executor)?
Minnesota Probate Attorney Explains Compensation for a Personal Representative You are nominated as a personal representative to handle someone’s estate. Can you get paid for handling these matters? In a word, yes. Your fee is dictated by Minnesota probate law. Unfortunately, Minnesota law doesn’t provide much guidance as the probate law simply says, “[a] personal…
Continue reading…The Expenses of Probate, Part II: What Are The Fees for Handling an Estate (Probate)?
A Minneapolis Probate Attorney Explains the Fees Associated with Handling a Probate In Part I of this series, I explained who is responsible for paying the fees to start a probate. This post discusses the different types of fees involved. • Court Fees These fees are dictated by Minnesota probate law and cover the court filing…
Continue reading…The Expenses of Probate, PART I: Who Pays The Fees For A Probate When Someone Dies?
Minnesota Probate Lawyer Explains Who Is Responsible for Paying Probate Fees Recently, a client came to me to assist her with handling her mother’s estate. Her mother was sick for many years and had taken the time to plan as orderly a transition as possible after her death. She had a will drafted by an…
Continue reading…What To Do After Death, Part I
Minneapolis Probate Lawyer: What is Probate? I often explain to people that I am a “probate lawyer” only to be met with a blank stare. Occasionally, the statement “I don’t know what that means” will accompany the blank stare. So, I decided to draft a series of posts under the “Probate” heading that will offer…
Continue reading…What To Do When Someone Dies, Part 3: What Type of Proceeding Do You Need?
A Minnesota Probate Attorney Covers the Different Proceedings Available to Handle an Estate As discussed in my prior post, the personal representative starts a probate proceeding by filing an application or petition with the probate court. But, prior to commencing probate, the personal representative must make a decision on what type of probate process to…
Continue reading…