How to serve court orders on interested parties to move a probate case forward in Minnesota
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer In Minnesota probate, you must serve court orders and notices on every interested party to keep the case moving. Interested parties include heirs, devisees, beneficiaries, personal representatives and creditors, as defined in Minn. Stat. § 524.2-105. Follow these steps: […]
Read article →How to Determine Which Tasks Are Covered Under an Initial Probate Representation Agreement in Minnesota
Detailed Answer When you hire an attorney to open a probate estate in Minnesota, the initial probate representation agreement (often called a retainer agreement or engagement letter) defines which tasks the lawyer will handle. Under Minnesota Rule of Professional Conduct 1.2(c) (Scope of Representation), you and your attorney can agree to limit or expand the […]
Read article →Do I Need to Open an Estate to Pursue a Wrongful Death Claim After a Car Accident in Minnesota?
Detailed Answer Under Minnesota law, only a court-appointed personal representative can file a wrongful death action. Minn. Stat. § 573.02 states, “An action may be brought under this chapter only by the personal representative of the decedent’s estate.” Link to Minn. Stat. § 573.02 To obtain that appointment, you generally must open a probate estate. […]
Read article →How do I apply for letters of administration and what AOC forms are required in MN?
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Detailed Answer Under Minnesota law, when a person dies without a valid will, you must obtain letters of administration to manage the estate. These letters grant authority to a personal representative (sometimes called an administrator) to collect assets, pay debts, […]
Read article →How do I distribute wrongful death proceeds to rightful heirs in Minnesota?
Detailed Answer Under Minnesota law, the distribution of wrongful death proceeds follows the Minnesota Wrongful Death Act (Minn. Stat. §§ 573.01–573.03). A personal representative must file a wrongful death claim within three years of the decedent’s death. The court oversees distribution after settlement or verdict. Beneficiaries include the surviving spouse, children, parents, and siblings, defined […]
Read article →How to Obtain and Review Documentation of a Medicaid Claim Against an Inherited Estate in Minnesota
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer When you inherit an estate in Minnesota, the Department of Human Services (DHS) may file a claim to recover costs paid on behalf of the decedent under the Medical Assistance program. Under Minn. Stat. §256B.15, subd. 4 (estate recovery), […]
Read article →How to Obtain and Review Corporate Formation Documents and Bylaws Affecting a Decedent’s Business Interest in Minnesota
Disclaimer: This article provides general information only and does not offer legal advice. Consult a qualified attorney for guidance on your situation. Detailed Answer Step 1: Confirm the Entity Type and Your Authority Begin by identifying the type of business (corporation, LLC or other). Determine whether you serve as the personal representative for the decedent’s […]
Read article →What is the process for petitioning a Minnesota court to remove a personal representative for mishandling estate assets?
Detailed Answer Under Minn. Stat. § 524.3-709 (link), a personal representative (also known as an executor or administrator) holds a fiduciary duty to preserve and manage estate assets in the best interests of beneficiaries. If the personal representative mismanages assets—through misconduct, negligence, or self-dealing—interested persons can petition the probate court for removal. 1. Establish Grounds […]
Read article →How Can an Interested Party Open Probate for a Decedent’s Estate in MN?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer In Minnesota, an interested party can open probate by filing a petition in the district court of the county where the decedent lived. Key statutes include Minn. Stat. § 524.1-301 (petition to probate a will), § 524.1-302 (when petition […]
Read article →What Information and Documents Should Be Gathered Before the Decedent’s Passing to Streamline Probate in MN?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer In Minnesota, having key information and documents ready before someone passes away can simplify probate and reduce delays. Probate in Minnesota follows Chapter 524 of the Minnesota Statutes (Minn. Stat. Ch. 524), which outlines the process for validating wills, […]
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