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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 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...

In todays video we tackle Part 2 of our two part series, Bases for Challenging a Will. In Part 1, we discussed statutory bases for challenging a will. In Part 2 we discuss the non-statutory bases, which include: Promises Life Partner Situation Drafting Error (errors in execution and ambigu...

In today's video we start our discussion of challenging a will. In order to do so, of course, you need a legal basis. In Part I of this two part series, we look at the statutory bases for challenging a will. Those are: Testamentary Capacity Undue Influence Fraud Duress Mistake Revoca...

A Summary Proceeding is a probate proceeding used for administering small estates. Basically, they are allowed when the value of the estate is less than $150,000 after payment of all expenses and deducting the homestead, exempt property, and family allowances. (See Minn. Stat §§ 524.2-404 through...

Challenging a will is the process of getting a Court to decide that a will cannot be upheld. One way to do this is to prove a lack of “testamentary capacity” when the decedent wrote their will. In Minnesota, “testamentary capacity” exists if “the testator can form a rational judgment concerning h...

Often, probate is something that should be avoided. First, it is an expensive endeavor, and every penny spent on probate is a penny not distributed to your heirs. Second, it can take a very long time, tying up assets for many months or even several years. During this time assets are inaccessible,...

Probate is the legal process of getting a Probate Court's authority to distribute or transfer a person's property after they die. A person who dies is called a “decedent”. Also, probate court is where a personal representative of the estate is approved by the Court. In Minnesota, probate can be e...