No, this is not about purchasing life insurance or finding the best policy. We leave that to the insurance experts. This article is a simple reminder to keep your policy information with the rest of your estate planning documents. The reason: You want your personal representative or your trustee to know about your policies after […]
Some estates do not require probate either because of proper planning, the amount of the assets in the estate or how the assets are titled in the estate. There are times when an estate should be probated but it is not for various reasons, one of which is simply because the heirs are unaware that […]
As discussed in a previous post, being appointed a Personal Representative of an estate can take lots of time and work. Besides this time and work, in some instances described below, the probate court will require a bond on the Personal Representative. A bond is issued by one party, the surety, who guarantees that the Personal […]
In past articles we have covered the pros and cons of avoiding probate. As a brief refresher, probate is not always a terrible process but in some cases, it can be long, complicated, and expensive. If you want to avoid probate, you need to title your property in a way that it will be transferred […]
In a recent post What Happens to Debt at Death?, Jayne Sykora explained that it is typically the decedent’s estate that is responsible for paying the decedent’s debt. Most of us are conditioned to pay a bill immediately upon receipt but when a decedent passes away, bills often go unpaid for a bit of time. […]
Okay, I admit. I spend my free weekday evenings parsing through my Google Reader with the TV on in the background. This week, two shows that I have never seen before caught my attention; not because of the witty and meaningful dialogue, but because words like “Probate,” “Lawyer,” and “Will” came up in a prime […]
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 […]
Most people that are nominated as a Personal Representative of a decedent’s estate do not know the duties – or the amount of time – that come along with the nomination. In short, the main responsibility of the Personal Representative is to take possession of and manage, protect and preserve the assets of the decedent. […]
It is a fact of life that not every marriage will last until the death of either spouse. Thus, it is important to understand the effects of divorce on inheritance. Commencement of Divorce Proceedings In Minnesota, many believe that simply the commencement of a divorce will revoke any disposition to a soon-to-be-ex-spouse. This is not […]
So often clients come to us for help with an estate plan, convinced that a living trust is necessary because they have heard that it is the ideal tool to assure avoidance of a ‘dreaded’ probate proceeding. Many believe that probate is expensive, time-consuming and overwhelming. Therefore, a living trust, coupled with a pour-over will, […]
While most estate planning attorneys prefer that clients review their estate planning documents on an annual basis to ensure that all key information is kept up-to-date, it is evident that this is not always the case. Since more often than not clients have their estate plans drafted and then file the documents away, never to […]