During probate in Minnesota, valid debts are generally paid from the deceased person’s estate before beneficiaries receive their inheritances. Family members usually do not have to pay those debts with their own money unless they share legal responsibility for an obligation. What happens, though, when bills keep arriving after someone has died? The personal representative…
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What Is a Letter of Instruction, and Is It Legally Binding?
A letter of instruction is a practical guide that supplements your estate plan, but it is generally not legally binding in Minnesota. It can help your loved ones and personal representative find information and understand your preferences, but it does not replace a valid will, trust, or other enforceable document. If your family had to…
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Who Makes Financial Decisions for an Adult Under Guardianship in Minnesota?
A guardian does not automatically control an adult’s finances in Minnesota. Financial decisions are generally made by the adult, an authorized agent, or a court-appointed conservator, depending on the person’s abilities and the terms of any court order. If your family member needs help with personal care and money management, who has the authority to…
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What Happens if Your First Choice Guardian Can No Longer Serve?
Choosing a guardian for your child is one of the most meaningful decisions you will make in your estate plan. But what happens if that person is no longer able or willing to take on the role? Fortunately, naming a guardian is not a one-time decision. You can update your estate plan as your life…
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How to Talk to Your Aging Parents About Their Estate Plan
Talking with your aging parents about their estate plan may feel uncomfortable, but having the conversation early can help avoid confusion, family conflict, and difficult decisions later. The best approach is to choose the right time, listen more than you speak, and focus on understanding their wishes rather than telling them what they should do….
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What Happens When an Estate Has No Money to Pay Debts?
If an estate does not have enough money to pay its debts, the debts are generally paid from the estate’s available assets, not by the deceased person’s family. When there are more debts than assets, creditors may receive only partial payment or no payment at all. Are you worried that you could inherit a loved…
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Can a Beneficiary Also Serve as Trustee?
Can the same person inherit from a trust and also be responsible for managing it? Many people assume those roles must be kept separate, but that is not how most trusts work. Naming a beneficiary as trustee can simplify trust administration, provided the right person is chosen and they understand the responsibilities that come with…
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What to Do When a Key Person in Your Estate Plan Moves Out of State
What happens if the person you chose to handle your estate suddenly moves across the country? Many Minnesota families are surprised to learn that an out-of-state move can affect how smoothly an estate plan works when it is actually needed. If someone named in your estate plan relocates, it is a good idea to review…
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Medicaid Asset Protection Trusts: How They Work and Their Limitations
A Medicaid Asset Protection Trust, often called a MAPT, is a long-term care planning tool that may help preserve certain assets while preparing for future Medicaid eligibility. These trusts may help preserve a home or savings while planning for future long-term care costs, but they also come with strict rules and limitations. Have you ever…
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How Long Do I Have to File Probate?
How much time do you have before probate deadlines start to affect your options? In Minnesota, probate is generally expected to be opened within a reasonable time after death, but there is a firm outer limit: in most cases, you have up to three years from the date of death to begin probate. Waiting too…
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