Estate Planning Attorneys & Legal Services

There are many kinds of probate proceedings, but they all involve the court. We assist our clients in determining which probate proceeding is appropriate and best-suited for the matter, prepare pleadings for filing with the court, and work closely with our clients throughout the probate process, which stretches over several months, at minimum. We are committed to working efficiently and thoroughly through the process, always keeping in mind relevant statutory requirements and protecting our clients from liability. We work with our clients to identify, inventory, and collect assets, to determine and pay valid creditor claims and taxes, and to take care of all other probate projects presented by a particular matter. If need be, we wind up business interests and negotiate debt. When probate proceedings become contested, we assist our clients with defending against claims and in advancing our positions.

The word “probate” means “to prove up a Will”. It is a common misconception to think that having a Will avoids probate—that simply isn’t the case. Whether the decedent has a Will or not, under Minnesota law, a probate is required if the decedent owns any interest in real estate in his/her sole name (and not beneficiary-designated) OR owns $75,000 or more of other assets in his/her sole name (and not beneficiary-designated). Even if a decedent’s non-real estate assets total less than $75,000 in value and Minnesota law doesn’t require a probate under such circumstances, the financial institution that holds the assets could require a probate to collect them.

When a trustor (i.e., a person who makes a trust) dies, his/her revocable trust becomes irrevocable and needs to be administered. Trusts that are irrevocable from inception, including a testamentary trust created under a decedent’s Will or revocable trust, also need to be administered. We assist trustees with trust administrations of all kinds and help them work through the trust administration process. Such trusts hold every manner of assets, including real estate, and some trusts hold many millions of dollars of assets. While the trust administration process typically does not involve court and is less formal than a probate proceeding, the overall process of administration is very similar to a probate proceeding, and we assist our clients from start to finish to identify, inventory, and liquidate assets, to pay bills and determine tax obligations, and to make distributions to the trust beneficiaries. When our trustees have completed the trust administration and their work is done, they rest assured that the trust administration “chapter” of their lives is behind them.

When a trust administration becomes contested, or, when it makes sense to invoke the court’s assistance with the trust administration process, we petition the court for its involvement and work with our clients to navigate the court proceeding.

No matter how well a person plans for death, there are always a few tasks for survivors to undertake to wind up the decedent’s financial affairs. Sometimes, no probate proceeding is required, and we’re able to collect the decedent’s assets and take care of paying any last bills with an Affidavit for Collection and/or an Affidavit of Identity and Survivorship, for example.

Out-State Administrations or Multiple Administrations – If a decedent owns out-state real estate, we work with counsel in that state or country to collect such assets. In some cases, we also straddle multiple administrations (e.g., a Minnesota probate proceeding, an out-state, ancillary, probate proceeding, and one or more trust administrations). Our attorneys are experienced in and are able to assist clients with all kinds of estate administration projects, no matter how complicated or large.