The personal representative is the person designated in a Will as the individual who is responsible for performing a number of tasks necessary to wind down the decedent’s affairs. [While a will merely nominates someone to act as personal representative subject to approval by the court, this post uses the term “personal representative” to refer…

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 pursue.  Minnesota provides several different types of probate proceedings to address the variety…

When last I blogged, I spoke about “wills.”  In this next part of this series on probate, I will explain how to initiate the probate process. Step 1: Locate a will This step in the journey begins with locating a will as the will contains the decedent’s instructions on the persons to be involved in the probate…

This post concludes the series on choosing a guardian for your child by discussing when you should discuss your decisions with those closest to you.  Presumably, you are very familiar with the person you’ve identified to be your child’s guardian.  That makes you uniquely qualified to pick the proper time and format for talking to them about your decision….

This post continues my series on choosing a guardian for your child(ren).  You know how to choose someone to (or not to) raise your child and discussed your decision with the person(s) whom you chose.  But you want to be sure to do everything possible to avoid future conflict if anything should happen to you.  In…

If you have kids – YOU MUST HAVE A VALID WILL.  A will is where you still have some say in who will raise your child(ren) even after your gone.  You use a will to speak when you are no longer able to in order to tell the court who you believe would be the…

We’ve all heard the stories.  A dying person writes out a will on a napkin or a piece of wood.  But are wills that are entirely handwritten by the creator, dated, and signed without witnesses valid in Minnesota?  Generally, such wills – called holographic – are not valid here. As explained in my post on…

So, you have diligently read my blog and my prior posts explaining the consequences of dying without a will in Minnesota have convinced you to get a will.  Now what? What are the requirements for a valid will in Minnesota? The following are the legal requirements for creating a valid will. You must be at least 18 years old;…