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Probate

Monday, November 5, 2018

What Do You Need to Know About Probate?

If you have ever considered or participated in estate planning, the term “probate” has likely come up. What is probate and why is it important? Is probate helpful or harmful to your estate planning? Read on to learn more.

Simply put, probate is the legal process by which a person’s property is transferred to recipients after they die. The court supervises this process to ensure an estate is appropriately and completely collected, managed, and distributed. Not all of a deceased person’s assets are automatically part of this process, however, as the deceased may have set up certain accounts or legal structures to prevent their property from being transferred in this way.

The probate process occurs whether or not the deceased has created a will. If a person dies and has a valid will, probate is required to ensure the provisions of that will are implemented. This is because courts want to make sure that the terms of the will are effected as the decedent intended, to the extent that is possible. If the decedent had no will, a court is needed to ensure the decedent’s assets are distribute according to the state’s intestacy laws—which is a fancy way of describing the laws which describes who has priority and how much they can inherit from a decedent. In these situations, courts will oversee the process to make sure that beneficiaries are given what the state law says they are entitled to receive.


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Sunday, October 1, 2017

What Happens If You Die Without a Will?

A will sets out whom you would like to get your property when you pass away. It also appoints someone who will settle your estate on your behalf. While you can certainly


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Tuesday, September 26, 2017

The Will Names You As A Minnesota Personal Representative (Executor), Now What?


A Minneapolis Probate Lawyer Helps You Understand the Responsibilities of Being a Personal Representative (Executor) for an Estate

You remember so clearly how proud you were when you received the telephone call from your Aunt Emma! She gleefully told you that she just had a new will prepared and named you as the Personal Representative. You felt as if a great honor had been bestowed upon you. After all, this will prove once and for all to the rest of your family that you are the most responsible person to handle such an important matter.

And then…


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Tuesday, April 18, 2017

Who Owns Your Home?


Betty calls me because her husband, John, recently passed away and she needs help on what she should do now. We meet and I discover that John had a will leaving everything to Betty. Betty explains that their home is jointly owned as they bought it together.

After our meeting, I do further research and discover that Betty's name is NOT on the deed to their home. At the time they bought the home, only John's name was put on the deed.


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Thursday, April 6, 2017

You Inherit A Home, Now What?

When you inherit a house, your primary concern should be figuring out how to secure and maintain the home until you decide what to do with it. Can family or neighbors help? Do you need to install a security system? Can someone stay in the home? Maintaining the home will be important to protect its value.

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Tuesday, December 6, 2016

Is It a Good Idea to Transfer My Home to My Children?

Minneapolis Estate Planning and Probate Lawyer Warns Against Transferring Your Home to Kids

Most people know that probate should be avoided if at all possible. It is an expensive, time-consuming process that exposes your family’s private matters to the public and allows for easy challenges by others. It sounds simple enough to just give your property to your children while you are still alive so that it's not subject to probate upon your death.

This strategy may offer some potential benefits, but those benefits are far outweighed by the risks. With many other probate-avoidance tools available, such as living trusts, it makes sense to review the risks and benefits of transferring title to your property with


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Thursday, June 9, 2016

Minnesota Probate Law: Intestate Succession Rules for Inheritance

If you die without a will, Minnesota Probate Law provides one for you. In determining how your assets will be distributed, the court will look at the laws for intestate (meaning no Will) succession (priority to get stuff). Read on to learn more about how the court will be required to divvy up your assets.

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Wednesday, April 27, 2016

Prince Didn't Have a Will? Now What?

As you know, music superstar Prince died last week. Yesterday, his sister, Tyka Nelson, filed documents with the probate court stating that he did not have a will.

Now what?


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Tuesday, April 26, 2016

MN Estate Planning: The Power of Joint Tenancy

Minnesota has two types of real estate ownership where there are multiple owners but only one avoids the lengthy and costly probate process...


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Tuesday, April 19, 2016

What Is a Probate Asset?

A client calls because her husband recently passed away and she went to the bank to get the money out of an old checking account he had in just his name. But, the bank told her the money in the account is now a probate asset and they won't give it to her until after probate? What do they mean by a probate asset?

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Tuesday, April 12, 2016

Who Really Owns Your Home

I’ve had numerous clients who believed their homes were owned jointly only to discover that only of them was actually listed on the deed. If the person listed on the deed was the one who died, we need to ask the court for help transferring the home to the surviving spouse. Don't let this happen to you.


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From within Hennepin County Unique Estate Law represents clients throughout Minnesota, including Minneapolis, Edina, Bloomington, St. Louis Park, Minnetonka, Plymouth, Wayzata, Maple Grove, St. Paul, and Brooklyn Park.


9.3Chris Tymchuck

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