TAURINSKAS LAW FIRM, P.A. | Probate & Estate Administration Attorneys MN

Taurinskas Law Firm, P.A. - Attorneys at Law - Minneapolis St. Paul, Minnesota

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Minnesota Probate Attorneys - TAURINSKAS LAW FIRM, P.A.
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Probate and Estate Administration in Minnesota ()

The probate process in Minnesota is the legal court process for paying a person's debts and expenses and distributing a person's property after that person’s death. In a Minnesota probate matter the person who has died is called the “decedent” and his or her property is called the “estate”.

Usually, a decedent's debts are paid from the estate and any property remaining is divided among heirs or beneficiaries, according to a Will (died testate), the (Minnesota) Uniform Probate Code, or the laws of intestate succession. If the decedent did not leave a Will (died intestate), the heirs to the estate will be determined according to the Uniform Probate Code and/or the laws of intestate succession.

The "personal representative" of the estate is a fiduciary of the decedent's estate who will administer the estate for the benefit of all beneficiaries, heirs, devisees (devise of real property), and/or legatees (bequest of personal property). The personal representative is typically nominated by Will of the decedent and appointed by the District Court in the Minnesota county where the decedent was domiciled (resided) at death. Duties of the personal representative may include (1) collecting income from the estate property, (2) paying any and all debts, claims, and expenses of administering the estate, (3) filing all necessary estate and income tax returns and reports, and (4) preserving, distributing and settling the estate in accordance with decedent's Will, the Uniform Probate Code, or the laws of intestate succession. The personal representative is usually represented by a Minnesota probate lawyer, who can assist with these duties and responsibilities.

The (Minnesota) Uniform Probate Code can be found generally in sections 524.1-101 to 524.8-103 of the Minnesota Statutes. These sections also contain information on spousal and elective shares. Information and laws on guardianships and conservatorships can generally be found in chapter 524 of the Minnesota Statutes.

When is probate necessary? Minnesota probate law applies to people who lived in Minnesota when they died and to residents of other states who owned real estate in Minnesota (ancillary administration). Whether a matter is "probated" depends on a number of factors, including the type of property and the nature of the ownership of that property. For example, unless real estate (a home, a cabin, a farm, etc.) was transferred into a trust or was owned as "joint tenancy" property with a right of survivorship, it usually is subject to the probate process. If you are considering a Will, you should consult with an attorney about the ownership of any real estate and whether there are advantages to certain types of ownership. For personal property, probate is required if the estate is valued greater than $75,000. If the decedent’s estate is worth $75,000 or less, the decedent's legal heirs may be able to collect the property by affidavit, which does not require probate court involvement. Collection by affidavit allows for a small estate to keep its costs of administering the estate low.

The advice of an experienced probate attorney can help you decide the best manner with which to proceed in the event a beloved one passes and leaves an estate for which you are responsible.   Legal representation during the probate process may also help eliminate unnecessary delays due to noncompliance with Minnesota Statutes, the Uniform Probate Code and/or local rules of the Probate Court for specific counties.

TAURINSKAS LAW FIRM, P.A.
TRUSTED, EXPERIENCED PROBATE ATTORNEYS.
Our attorneys have over 45 years of combined experience. We offer the experience and resources of a large firm while at the same time providing our clients with the convenience, accessibility and affordability typical of a small firm. Our objective is to work with you to provide the assistance you need to efficiently and effectively manage your loved one's estate and to ensure compliance with applicable laws

PROBATE PROCEDURE AND ESTATE ADMINISTRATION.
The probate process in Minnesota can be intimidating without competent legal guidance or understanding of applicable probate court rules and laws.  At Taurinskas Law Firm, you'll find experienced attorneys to assist you with any probate or trust administration issues or questions you may have in Minnesota or Wisconsin.  Our office is located in northern Dakota County in Inver Grove Heights, MN. Our office offers a free initial consultation for probate or estate administration matters.

MN & WI ATTORNEYS
Jim Taurinskas
Brian Taurinskas

MINNESOTA AND WISCONSIN PROBATE AND ESTATE ADMINISTRATION ATTORNEYS
At our law office, our lawyers provide probate and trust administration guidance and representation in all areas of the Twin Cities (Minneapolis-Saint Paul), western Wisconsin and their surrounding communities.

Please Note: This site contains general information and not legal advice. It is based on Minnesota law in effect at the time of writing. A lawyer can advise you about how the law applies to your specific situation.

5684 Bishop Avenue #200
Inver Grove Heights, MN 55076
(inside Key Community Bank)

Phone: (651) 451 - 9743
Toll-free: (888) 451 - 9743
Fax: (651) 451 - 3967

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