Minnesota Probate: Self-help Corner

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1 Probate Forms Minnesota Probate: Self-help Corner There are a number of Minnesota probate forms which are now freely available on the Internet from various sources. Some of the forms are self explanatory. However, other forms are more difficult to work with - particularly for newcomers. Probate Terms Procedures There are also glossaries of probate terms, descriptions of procedures relating to the administration of Minnesota Probate estates which are available on the Internet from both judicial web sites, probate attorney web sites. Do-it-yourself Probate Certainly, some persons facing simple probate situations may be able to commence probate proceedings without proper legal assistance. However, many probate estates are sufficiently complex that it would be best to obtain professional assistance from the beginning. In addition, inevitably situations will arise which are not addressed: by the freely available forms, or by the general information which is available on the Internet. Creditor Claims For example, the proper hling of creditor claims, including State of Minnesota Medical Assistance claims for reimbursement, is one area that can be a minefield for the unwary. Some Minnesota counties do not voluntarily provide to personal representatives of the estate crucial information regarding claims which have been filed with the probate court, which can lead to unnecessary liability for improper probate claims which must nevertheless be paid. The Personal Representative will need to be proactive, must know how to: obtain the necessary information regarding creditor claims which have been filed, 1

2 properly respond to any claims which are filed or presented. Income tax issues Income tax issues are always a concern for Personal Representatives, because of the personal liability that a Personal Representative may have for the unpaid income taxes of the decedent. Real Estate Title Real estate title issues arising because of the death of the decedent are clearly one area which will require professional legal assistance. The decedent s title in real estate may have been owned in fee simple, or the decedent may have held a terminable interest, such as: a life estate, or an interest subject to a Transfer on Death Deed. The decedent may have held title as a tenant in common, or as a joint tenant, with other owners. The decedent s interest in real property may also be subject to a Medical Assistance lien for reimbursement of a Minnesota County s payment of Medical Assistance benefits on behalf of the decedent. Upon the sale of real property by a personal representative of an estate, probate court documents must be obtained for the closing, if the real property has been registered as Torrens Property, the approval of the County Examiner of Titles must be obtained in order for the deed to be recorded. All such situations would require legal analysis, an appropriate response. The average do-it-yourselfer may not have the legal knowledge to know how to address such situations, some title companies will defer to the probate attorney to satisfy any title requirements relating to such issues. Closing an Estate Properly closing an estate is another area ripe for confusion, with potential opportunities for malfeasance claims being made against the Personal Representative. 2

3 However, there are several available probate closing procedures which may limit, or eliminate, liability for the personal representative, but are unknown to many. Final Accounts Preparing the Final Account, being able to get the actual cash on h to balance with the accounting record of cash that should be available for distribution, is difficult enough for an experienced probate practitioner - yet would be a daunting task for the uninitiated. In over 20 years of probate practice, I have yet to see a personal representative provide me with sufficient information on the first try to allow me to properly complete a Final Account. Personal representatives administering their first probate estate would have no way of knowing what information is necessary in order to the get actual cash on h to balance with the accounting record of cash that should be available for distribution. Preparation of a proper Final Account is not intuitive, requires: the skill of a bookkeeper, the knowledge of a tax accountant, the insight of an auditor, the experience of a probate attorney. Attorney Gary C. Dahle offers a skill set which meets all such requirements. Other Issues Bonding requirements, supervised estates, distributions to minor beneficiaries, court reporting responsibilities, disclaimer opportunities all identify other areas with which the typical probate do-it-yourselfer would be unfamiliar, perhaps unable to properly address. Obtaining Assistance If you have commenced a probate proceeding on your own, have discovered that you may need help completing the process, I invite you to contact me for professional assistance. Gary C. Dahle, Attorney at Law gary@dahlelaw.com If you have a working account, a decent computer printer, Minnesota attorney Gary C. Dahle can assist you with devising a solution to your probate situation, completing your probate documents in every Minnesota County: 3

4 from Kittson County in the Northwest, to Houston County in the Southeast; from Rock County on the Iowa South Dakota borders, to Cook County on Lake Superior, from Koochiching County on the Canadian border, to Faribault County on the Iowa border, from Lac Qui Parle County in the West, to Carlton County in the East. If you lack a decent computer or printer, you may want to retain Minnesota attorney Gary C. Dahle to finish the entire process, as many of the closing probate documents are custom drafted to the situation in each particular estate. Minnesota attorney Gary C. Dahle has family history in Aitkin County, Clay County, Hennepin County, Nobles County, Ramsey County in Minnesota, is familiar with the environs in such counties. Representing Personal Representatives Minnesota attorney Gary C. Dahle has been the attorney of record for personal representatives of estates in Anoka County, Clay County, Chisago County, Dakota County, Hennepin County, Nobles County, Pine County, Ramsey County, Washington County in Minnesota. Since many Minnesota counties have their own peculiarities regarding the manner in which they will address certain issues, retaining professional assistance is important in order to address such County by County peculiarities Representing Beneficiaries Minnesota attorney Gary C. Dahle has also represented beneficiaries of estates who resided in states from Massachusetts to California, has been consulted with respect to estates venued in various Minnesota counties. If you are a beneficiary of an estate, not the personal representative, you may want to retain Minnesota attorney Gary C. Dahle to advise you as to: your rights as a beneficiary, when you can expect to receive your share of the estate. Unfortunately, if Minnesota attorney Gary C. Dahle already represents the personal representative of an estate, he cannot also represent the beneficiaries of the estate - since that would be a conflict of interest. 4

5 If you are estate beneficiary residing in Minnesota, or anywhere else, contact attorney Gary C. Dahle, at , or for assistance with receiving your proper share of the estate. Personal Appearance in Probate Court While attorney Gary C. Dahle may not be able to make a personal appearance in the probate courts of certain outlying Minnesota counties, he can: assist personal representatives with document preparation in order to properly administer probate estates in all Minnesota counties, assist beneficiaries of estates in obtaining their rightful distribution, can associate with local counsel in such outlying Minnesota counties to make whatever probate court appearances are required by the situation. If you have need of assistance with any aspect of probate administration in any Minnesota County, contact attorney Gary C. Dahle, at , or gary@dahlelaw.com. Copyright All Rights Reserved Gary C. Dahle Attorney at Law 2704 County Road 10 Mounds View, MN Phone: Fax: gary@dahlelaw.com Legal Disclaimer Information provided herein is only for general informational educational purposes. Minnesota probate law involves many complex legal issues. If you have a specific legal problem about which you are seeking advice, consult with a Minnesota attorney of your choice. Gary C. Dahle, Attorney at Law, is licensed to practice law only in the State of Minnesota, in the United States of America. Therefore, only those persons interested in matters governed by the laws of the State of Minnesota should consult with, or provide information to, Gary C. Dahle, Attorney at Law, or take note of information provided herein. Accessing the web site of Gary C. Dahle, Attorney at Law may be held to be a request for information. However, the mere act of either providing information to Gary C. Dahle, Attorney at Law, or taking note of information provided on does not constitute legal advice, or establish an attorney/client relationship. 5

6 Nothing herein will be deemed to be the practice of law or the provision of legal advice. Clients are accepted by Gary C. Dahle, Attorney at Law, only after preliminary personal communications with him, subject to mutual agreement on terms of representation. If you are not a current client of Gary C. Dahle, Attorney at Law, please do not use the links or forms to communicate confidential information which you wish to be protected by the attorney-client privilege. Please use caution in communicating over the Internet. The Internet is not a secure environment confidential information sent by may be at risk. Gary C. Dahle, Attorney at Law, provides the web site its contents on an "as is" basis, makes no representations or warranties concerning site content or function, including but not limited to any warranty of accuracy, completeness, or currency. 6