Estate Planning in Minnesota | MN Legal Resources | FastCounsel

Do I get any ownership interest in the real property if I am paying the mortgage in MN?

Detailed Answer Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice tailored to your situation. 1. Title Ownership vs. Mortgage Payments Under Minnesota law, the person listed on the deed holds legal title to real property. Mortgage payments alone do not transfer title rights. […]

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Do I Get Any Ownership Interest in the Real Property If I Am Paying the Property Tax? – MN

Disclaimer: This article provides general legal information and does not constitute legal advice. Consult a licensed attorney in Minnesota for advice on your specific situation. Detailed Answer Under Minnesota law, paying property taxes on real estate does not by itself create an ownership interest, lien or equitable claim against that property. Minnesota’s conveyancing system requires […]

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How to Determine if Other Creditors or Lienholders Could Have Claims to the Surplus Funds in Minnesota

Disclaimer: This is not legal advice. It is for educational purposes only. Detailed Answer: Determining Creditor and Lienholder Claims to Surplus Funds in Minnesota Step 1: Understand Surplus Funds After a Foreclosure Sale In Minnesota, if a sheriff’s sale produces more money than the mortgage balance, sale expenses, and junior lien payments, the excess is […]

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What steps are needed to identify and resolve hospital or insurer liens before disbursing settlement funds in MN?

Detailed Answer In Minnesota, claimants must identify hospital and insurer liens before distributing settlement funds to ensure compliance with state law and avoid future liability. Hospital liens arise under Minn. Stat. § 514.971–514.977. Insurer liens (subrogation or reimbursement demands) typically fall under Minn. Stat. § 62A.671. To identify and resolve these liens, follow these steps: […]

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What is the process and timeline for applying to become the personal representative of an estate in Minnesota?

Disclaimer: This article is for informational purposes and does not constitute legal advice. Consult an attorney to discuss your specific situation. Detailed Answer 1. Determine Eligibility and Priority Under Minn. Stat. § 524.3-201, Minnesota law sets a priority schedule for personal representative appointments. Priority runs to the surviving spouse, adult children, parents, and then other […]

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What options exist for establishing authority over an elderly heir’s personal and financial decisions in MN, such as power of attorney or guardianship?

Disclaimer: This article is for educational purposes and does not constitute legal advice. Detailed Answer When a loved one ages or faces capacity issues, family members often seek legal tools to make personal and financial decisions on their behalf. Minnesota law provides several options, each with different scopes, requirements and court involvement. 1. Durable Power […]

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How to Handle Medical Liens and Outstanding Bills When Negotiating a Settlement in Minnesota

Detailed Answer When negotiating a settlement for a personal injury claim in Minnesota, you must address medical liens and unpaid bills before you receive your net recovery. Minnesota law gives certain providers and insurers the right to claim repayment from your settlement proceeds. 1. Identify All Potential Liens and Subrogation Claims Start by collecting itemized […]

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How to Verify and Probate an Old Will Discovered Decades After Execution in MN

Detailed Answer Discovering a valid will decades after it was signed can raise questions about its authenticity and your path to probate. Under Minnesota law, you can still prove and admit the will to probate—even if the testator died many years ago. Follow these steps to verify the will and pursue a delayed probate. 1. […]

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How to Verify if the Decedent Had a Valid Will or Other Estate Planning Documents in Minnesota

Disclaimer: This article provides general information under Minnesota law and does not constitute legal advice. Detailed Answer To confirm whether a decedent left a valid will or other estate planning documents in Minnesota, follow these steps. 1. Search the Decedent’s Personal Records Begin by reviewing the decedent’s personal files, safe, or home office. Look for […]

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What rights does a life estate grant to a lifetime beneficiary and how is a remainder interest determined when a will designates a remainderman in MN?

Detailed Answer Under Minnesota law, a life estate grants a person (the life tenant) the right to occupy, use, and receive benefits from real property for the duration of that person’s life. A remainder interest arises when the property owner’s will designates one or more remaindermen to receive full ownership after the life tenant’s death. […]

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