Blog

In today's video we look at how Attorney Fees are assessed in Probate. How are they calculated, and what are some of the dangers with each computation?

In today's video we explore Attorney Fees in Estate Planning. How are fees calculated and what should you look out for when talking with an attorney?

In today's video we explore Advance Mental Health Care Directives. What are they, what should be included, and can they even be done in Minnesota, a state without a mental health care directive or psychiatric directive statute? (Hint: They can!)

In this Part II of a two part series, we explore three additional myths about revocable living trusts. These myths are: Myth 4: Revocable Living Trusts Protect Assets From Creditors Myth 5: Revocable Living Trusts Always Cost Less in Administration than Wills Do In Probate Myth 6: Asset...

In today's video we discuss three of the top 6 myths about revocable living trusts. Myths in this Part I of a two part series include: Myth 1: People Cannot Challenge a Revocable Living Trust Busted: Yes, they certainly can. There are procedural differences and different notice requirements, ...

Whether or not someone is another's child is a complicated question. In today's video we look at the statutory definition of "child" and run some hypotheticals regarding whether or not a person in a situation is another's child. Finally we look at three key ways that this matters in any probate.

There is a lot of paperwork and documentation that goes into a probate. In today's video we take the position that we are an interested party in a probate, but not the personal representative. What are the notices and documents we will or may receive in the mail during the process? What do th...

Creditors do not have a claim on every asset in probate. In fact, some assets are explicitly exempt from creditor claims by statute. In today's video we discuss what is an exempt asset. We go over the three types of exempt assets – homestead, selected property, and family allowance – and how they...

In today's video, Affidavit for Collection of Personal Property Part II, we look at an estate planning strategy for avoiding probate that does not use a revocable living trust. In fact, we show how an estate worth greater than $1 million can be administered as a small estate using an affidavit fo...

In today's video we discuss small estate administration. An affidavit of personal property is a probate alternative that allows an interested person to manage and close the estate without going through the entire probate process. The gross estate must be worth less than $75,000 and it must be sol...

In today's video we discuss the difference between formal and informal probate. Why might you want one over the other? Which one is more expensive? Why might you be forced into one or the other?

In the last video we discussed how to get appointed as a personal representative. In today's video we flip it on its head – how can you get rid of a personal representative, or prevent someone from being appointed as personal representative?

In today's video we discuss the process of getting appointed as personal representative. Who can legally qualify and what is the priority of appointment. Also, what happens when two people want to be co-personal representatives, or what if nobody wants to be personal representatives? It's a compl...

Probate assets are those assets that are distributed through the probate process. In today's video we explore what these assets are and how to convert a probate asset into a non-probate asset. If you have a question about probate, please contact Signature Law for a free consultation!

In today's video we embark on a multi-video journey through probate. This, of course, with a 20,000 foot view of what is probate. In the forthcoming weeks we'll look at various procedures and information about the Minnesota probate process. If you have questions on the probate process, contact Si...

Sometimes when one is anticipating that someone will challenge their will, they want to provide extra proof of “testamentary capacity” – i.e., that they were of sound mind when they signed their will. One way to attempt to do this is to video record the signing of the will. In today's video we di...

Most people don't think about estate planning until they have a kid, a house, some assets, or even until they are retired. But there are some aspects of estate planning that are important for people who are turning 18 and leaving the house or going to college. In today's video we discuss what est...

You've watched some videos, learned about estate planning, put together your needs and wants, attended an initial consultation, come up with an estate planning strategy, and turned it over to the attorney to do their thing. A week or two later you get an email with a link to an encrypted file con...

Today we take a further look at trusts for children and explore whether it is a good idea for the trustee and guardian of your children to be the same person. There are pros and cons for both yes and no, and a third option that brings in the best of both worlds.

A “no contest clause”, or “in terrorem clause” is a provision in a will or trust which states that if a person challenges the will, then their inheritance through the will or trust is void and they get nothing. They are not always enforceable, depending on the jurisdiction. Also, if not drafted c...

Today we explore what is a “joint will”. Is this a real thing and are they something you should be considering? Or, are they a relic of the past that has no place in modern estate planning. We also look briefly at the alternatives, including mirror wills, joint revocable living trusts, and separa...

In today's video we explore revocable living trusts for married couples. Should you have a joint revocable living trust or separate revocable living trusts? In a joint trust, the spouses share a revocable living trust. Each is a trustee of the entire trust and thus owns all property in the trust....

In today's video we look at trusts for children. The two key structures are setting up pot trusts and separate trusts. We look at how they are structured and why you might prefer one over the other. In Minnesota, a person cannot inherit until they reach the age of 21. That means anything they inh...

Pet trusts are a relatively new concept in the world of law, and the courts are still trying to figure out how to best treat them. In today's video we explore some famous examples of pet trusts. We look at the circumstances, litigation, and current disposition of the pet trusts of Leona Helmsly, ...

Our pets are part of our family. But have you taken steps to care for your pet after you have passed? There are essentially two ways to do so in estate planning. First, you can assign the next caretaker of your pet in a will. You can even leave the caretaker of your will a lump sum of money to he...