What is Probate?

Probate in Minnesota is the legal process by which a deceased person’s estate (material and financial assets) is inventoried, accounted for, and distributed. The contents of a deceased person’s estate can be distributed through Probate in two ways. First, assets may be distributed through instructions found in a “testamentary document” such as a Will or a combination of a Will and Trust. Second, if no legal Will is available, the deceased person’s estate will be distributed as directed by Minnesota State Statutes.

What are the Responsibilities of Personal Representative?

The passing of a person is always a challenging time for their friends and family. It can like a daunting task for the person who agrees to take up the duties of a personal representative in order to take care of the final affairs of the deceased person’s estate. On top of what seems like a great deal of investment of time and energy for the personal representative, they must also overcome potential roadblocks to securing the deceased person’s assets, disagreements among family and friends relating to the estate, and having the know-how to properly transfer title of assets to the rightful individuals.

 

What if I Disagree with the person who wants to be or is the Personal Representative?

Although no one wants disagreements over the handling of a loved one’s estate and belongings after their death, it is sometimes unavoidable. Whether there are disagreements over which will is the correct will, or which individual should be appointed to distribute the loved one’s money and possessions, or whether it is believed that wrongdoing occurred either prior to the loved one’s death or later during the distribution of their assets, there are many conflicts that can occur during this very difficult time. Any conflicts which cannot be resolved by family and loved ones must involve the court and a judge will need to make a determination as to what will happen with your loved one’s estate.

How Can a Probate Attorney Help Me?

The attorneys at Arctos Law have the experience and knowledge necessary to guide you through the sometimes complex legal requirements that come along with carrying out a deceased loved one’s final wishes or distributing their assets and belongings.

Where conflict occurs, or where you suspect wrongdoing, the attorney’s at Arctos Law have the probate litigation experience to bring the legal actions necessary to address your concerns or help you defend your loved one’s wishes.

Questions? We’re here to help.

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