Probate, among other things, is intended “to promote a speedy and efficient system for liquidating the Estate of the Decedent and making distributions to his successors.” A traditional probate administration is neither “speedy” or “efficient” for a small estate; therefore, Minnesota law provides an alternative if the net value of the Decedent’s probate assets do […]
Since I am an estate planning attorney, clients, family, friends, and even strangers, often ask about what happens to any debt they may have at their deaths. Most often, people are concerned about whether loved ones will “inherit” debt. The short answer is that your estate is responsible for paying off the balance of any […]
A Transfer on Death Deed (TODD) allows the owner of real estate to execute a deed that names the beneficiary who will succeed to ownership of the real estate at the owner’s death. A TODD can be a useful estate planning tool because it allows the transfer of real property without the need of probate […]
Death may be universal, but how it has been handled varies significantly from culture to culture. Below is a very small sampling: Ancient Egypt Funerals, or the rituals surrounding death, were at the heart of public life in ancient Egypt. The pyramids, Valley of the Kings, and King Tut’s tomb are all evidence of the […]
This past year a college friend passed away. I realized that this was the closest and most poignant death I faced since joining Facebook and realized that this social media outlet has changed the process of grieving.
Are you and your spouse both U.S. citizens? If not, the foreign citizenship of you and/or your spouse may have a surprising estate tax impact. THE MARITAL DEDUCTION If an individual’s estate exceeds the estate tax exemption amount ($1 million for federal and Minnesota estate taxes in 2011, if no Congressional action), he or she […]
“Man’s best friend” Ironically, the phrase “man’s best friend” was coined by an attorney. In 1869, a man’s dog was shot and killed by his neighbor; he hired three attorneys to sue the man who shot his dog. One of the three attorneys used the phrase “man’s best friend” during his closing argument to the […]
Business succession planning is an important issue that should be addressed not only as part of an individual business owner’s estate planning process, but also by all of the owners of family-owned and closely-held businesses. Whether a business is owned by a single individual or a large group of investors or family members, everyone with […]
For those that wish to be buried as opposed to cremated, take note that there are many options available for your burial, at least if you want to be buried in Minnesota. Minnesota statutes do not require an embalming procedure, a casket, or any type of outside burial container. Instead, cemeteries make their own regulations. So […]
Probate is very often misunderstood. This post seeks to provide a basic overview of Probate in Minnesota. What is Probate? Probate is the legal process whereby the decedent’s Will is presented to the court for validation and the Personal Representative is appointed and granted permission to act. If decedent dies intestate, or without a Will, […]
Almost all of my non-lawyer friends give me a funny look when I talk about probate. Yes, it is an odd word, but with a short explanation, it makes sense. I find that the basics can be easily explained in one sentence – Probate occurs when someone dies and a court gives someone else (the […]