Category: Estate Administration

Buried wedding rings can be problematic when your decision is left with loved ones.

I believe every person can use their will or estate plan to prevent family stress and anxiety.

Below is a brief process outlining how to find a resolution to the buried wedding rings dilemma.

Estate Planning for your buried wedding rings

If a person wants their wedding ring buried in their casket or placed inside a tomb, these wishes should be specifically described.  Generally, I prefer a funeral directive along with a Will or Trust.

In my experience, a funeral directive, which is a document outlining specifics for your funeral, can be easily shared with funeral directors, spouses and adult children.  Having this decision prearranged reduces guessing.

In my experience, using your will to outline your decision is not necessarily a practical document during the funeral planning process because:

• You shouldn’t share your will with everybody around you unless required, and
• Reading your will this soon and openly may cause family conflict.

Additionally, I think a prudent person shares their desires specific to a wedding ring inside their revocable trust and or will.  Yes, to reduce stress and risk, assuring neither document contradicts one another is a significant goal.

Estate Planning to prevent having buried wedding rings

Likewise, people wishing to gift their wedding rings versus the alternative described above can utilize the “specific gift” process within their estate plan.

Yes, this process can be as simple as affirming where, who and how your wedding ring should be gifted at the time of your death.

On the other hand, I have heard many adult children claim their mom told them specifically that they would receive the wedding ring.  As might suspect, it can be surprising to many people when it is discovered neither the will or revocable trust shared or expressed this intent.

I am telling you now – this issue can be solved fairly easily with concrete planning methods expressing your wishes.  Otherwise, risking having buried wedding rings or leaving everything up to chance under Minnesota’s intestacy laws is uncomfortable at best.

Buried wedding rings and your Medical Assistance

Another common question arising from including your wedding ring in an estate plan is whether gifting it now or later will impact medical assistance.

Every situation is different.  In general, medical assistance programs support excluding “personal effects” as an asset.  Sometimes, people seeking this benefit are able to define wedding rings as a personal effect and excluded from a MA calculation.  

On the other hand, jewelry (like a wedding ring) retained because it has value or an investment will likely fail the the “personal effects” exclusion.

Help with buried wedding rings

Buried wedding rings or not, every person has a choice.  Yes, an estate plan is a wonderful way to reduce stress and anxiety for your family.

Please contact me if you need help.

Reasons for formal probate in Minnesota are different for each family.  In my opinion, there are four (4) main reasons a family may want to seek a formal probate process:

1. Children,
2. Problems with a will,
3. Real estate, and
4. No money.

I recognize these issues are complicated and stressful.  If you need help weighing these reasons, please contact me for help.

Reasons for formal probate – children

Putting a child’s best interest first is always number one.  Period.  Luckily, our court system believes this too.

Yes, the number one reason a family should seek the formal probate process is because the person who died had children under the age of 18.  In my opinion, this is true regardless whether a person had a will.

Because probate courts in Minnesota frown on giving children assets outright and our Department of Human Services sometimes get involved, heirs or guardians of minors are appointed responsibilities that will have great significance on a child’s well being going forward.  Thus, children are the number one reason for a family to seek the formal probate process.

Reasons for formal probate – will problems

A second reason a family likely should petition a court for a formal probate in Minnesota is because the will has problems like:

• Unsigned,
• No date,
• Original will was destroyed,
• Handwritten changes to the will,
• The will did not nominate a personal representative, and
• Other will construction issues.

Reasons for formal probate – real estate

More reasons for formal probate include real estate problems like a home needing to be sold.  Generally, this issue does not come up with couples where one spouse is still alive.

Other times, the necessity to seek a process to maintain a home (heating, general maintenance, etc.) to assure our cold weather does have a negative impact on the home or residence is a good reason to utilize the formal probate process.

Reasons for formal probate – no money

Yes, an estate that has no money or is insolvent is a reason for a personal representative to petition a court or venue in Minnesota for a formal probate.

But wait, the person who died has no money?  Even a person who has no money – generally has money of some amount.  For this reason, Minnesota ranks or prioritizes  creditors.

The first type of creditor with an interest in an estate with no money is a funeral home.  The second priority are those rendering professional services.  The third most important creditor is the IRS.

Help weighing reasons for formal probate

I recognize these issues are complicated and stressful.  If you need help weighing these reasons, please contact me for help.

There are nine (9) formal probate steps in Minnesota.  Because everybody asks:  yes, there is a difference between an unsupervised versus a supervised formal process in MN.

Also, selecting the right probate process is even more important if the person who died had no money.

If you are a personal representative and you need help creating forms or complying with the steps outlined below, please contact this law office for help.

First 4 formal probate steps

Both an unsupervised and supervised formal probate starts the same.  The first five (5) steps are:

1. Filing a petition with the right court or venue,
2. Notice for a hearing given to every interested person and entity,
3. An actual formal hearing takes place, and
4. The probate court or venue issues an order.

Next 5 formal probate steps: Unsupervised

The next five (5) steps for an unsupervised process are:

1. Asset collection,
2. Inventory preparation,
3. Settling claims with creditors,
4. Tax returns, and
5. Estate distribution.

Next 5 formal probate steps: Supervised

The next five (5) steps for an supervised process are:

1. Asset collection,
2. Inventory preparation,
3. Settling claims with creditors,
4. Tax returns, and
5. Seeking a court order.

What is the difference?

One of the biggest difference between a formal and an informal probate process is being forced to seek and ask for a Court’s approval.  In other words, acquiring a court order.

Yes, reducing liability owed to a creditor, taking the right steps to account for the assets of another person and distributing their assets accordingly to the rules of their will or a court is a responsibility imposed by law.

If you have time, consider reviewing these rules and laws to help your decision making process.

Need more help?

Whether you are a beneficiary or want to be a personal representative of an estate, please contact this law office for help.

Your spouse died in Minnesota and you need help.  Including me, nobody enjoys talking about death.

During the grieving process and thereafter, consider the following checklist to help you make important decisions.

Step 1: calculate 9 months from your spouse’s death

I agree, focusing on a funeral and making major life changes is stressful.  For a moment, lets assume your family has this under control.

The most significant deadline the living spouse needs to know about is 9 months after your spouses death.  Starting on the date your spouse died in Minnesota, IRS Form 706 has a 9 month deadline.  Wait, what?  What does this have to do about anything?

IRS Form 706 is a special form used by the IRS.  This form allows your now deceased spouse to pass their unused tax exemptions onto you.

If the wealth you and your spouse shared is modest or minimal, perhaps you care less about this 9 month deadline than me.  On the other hand, you would be amazed how quickly life insurance and retirement benefits can turn your modest estate into “I wish I knew about the 9 month deadline”.

Thus, if your spouse died in Minnesota, the first step is knowing there is a 9 month deadline.

Step 2 if your spouse died in Minnesota

If your spouse died in Minnesota, start contacting every insurance company and pension company you and your spouse did business with.  If you do not know how to contact an insurance company, start by seeking information from Minnesota’s Department of Commerce.

If your spouse was working during the time they died, contact your spouses’ employer and ask for information on employee benefits your spouse might have signed up for.

 Step 3 if your spouse died in Minnesota

If your spouse was receiving social security benefits, I recommend contacting the Social Security Administration.  If you have minor children, consider reviewing whether you and your family are eligible for survivor benefits offered through the Social Security Administration.

 Step 4 if your spouse died in Minnesota

The next step is to make sure you and your family have continued health coverage.  If you and your family are in economic need of benefits, public benefits are available here.  If you are a mature adult, you are likely eligible for Medicare benefits, which can be found here.

Otherwise, if your spouse died in Minnesota and you do not know what to do about health insurance, consider this resource as an outline for your options.

Final step if your spouse died in Minnesota

The final step is gathering important documents and financial papers.  For this step, consider using or buying folders having the capabilities of storing thick packets of information.

In your first folder, place important documents before your spouse died.  For example, birth certificates, marriage license, and estate planning documents like a will, health care directive, military records, etc.

In a second folder, place important documents you receive after your spouse died in Minnesota.  For example, a death certificate, bills that you receive in the mail, and any information specific to organ donations.

Need more help?

If your spouse died in Minnesota and you need help, please contact this law office.

Looking for help to Probate e-Filing in Hennepin County?  Figuring out all of the forms necessary to submit a case to Probate Court is not a stress you and your family need right now.

If you need help with a matter concerning probate, you found the right place.

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Probate e-Filing in Hennepin County

Unfortunately, e-filing is mandatory for everyone in Hennepin County, regardless whether you are doing this by yourself or as a lawyer.

Hennepin County updated their registration process a short while ago, which leads me to the next question everybody asks.

What is the e-filing and the process?

E-filing is an electronic process used to file documents.  The e-filing court system is mostly implemented in Hennepin County and Ramsey County for civil filings.  Before 2013, e-filing was never required in Probate Court in any Minnesota County.

First problem people face when seeking Probate e-Filing in Hennepin County

One of the first problems a person will face when seeking Probate e-Filing in Hennepin County is a lack of computer experience.

This is especially true for older people who are required to acquire an e-mail address to facilitate the e-filing process.

Is the Probate e-Filing in Hennepin County public?

Generally, anything submitted through the Probate e-Filing in Hennepin County process will become public knowledge.

Unfortunately, this is true given Minnesota General Rule of Practice 11.

Second problem people face when seeking Probate e-Filing in Hennepin County

The second problem people sometimes face when working through the Probate e-Filing in Hennepin County process is the fact every document needs to be filed separately.

In other words, the system does not support combining multiple forms into one document or pdf file.

How do you sign documents when seeking Probate e-Filing in Hennepin County

Yes, documents filed electronically can be signed by using /S/.  In the opinion of this law office, this is a huge area for potential fraud.  Thus, approach each form with care.

Where to find Minnesota probate forms

If you are looking for probate forms to help you with the Probate e-Filing in Hennepin County process, this law office highly recommends these resources:

1.  Minnesota’s law library,
2. Minnesota’s Court Forms website, or
3. You can buy forms from Miller Davis Company.

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Probate in Minnesota can be a tangled mess, similar to the picture displayed at the right.  None the less, it doesn’t have to be.  If you are reviewing the probate in Minnesota, use the following as a brief introduction.  If you need help with probate in Minnesota, please contact this law office for help.

What is the process for Probate in Minnesota?

Probate in Minnesota is the legal process of settling your estate in court after you die. Your property is gathered and inventoried, your debts are paid, and everything left over is divided among your heirs. Your personal representative is responsible for “probating” your will. If you have no will or did not name a personal representative, the court will appoint one for you.

Probate in Minnesota when there is a will begins by filing an application with the probate court. Probate in Minnesota ends when all debts and taxes are paid and all assets are distributed. If there is disagreement over your will, a probate judge assigned to the case will resolve the differences.

When is Probate in Minnesota necessary?

The laws specific to probate in Minnesota apply to the estates of people who were residents of Minnesota at the time of their death. Probate in Minnesota also applies to other states’ residents who own real property in Minnesota.

Having a will does not avoid probate in Minnesota. The need for probate depends on what property you own and whether you own it alone or with others. Real estate. Unless real estate is owned in joint tenancy with right of survivor ship or placed into a trust, it must be probated. Joint tenancy means that the property is owned by two or more people who have an undivided interest in the property, and that interest continues in the survivor after other owners die. If you are a resident of Minnesota and own real estate in another state at the time of your death, the probate laws of that state will apply to that real estate. In other words, real estate is probated in the state where it is located.

If your estate is worth less than $50,000, your heirs may be able to collect the property without going to court by using an Affidavit for Collection of Personal Property. Your personal representative should notify all of the heirs of the property that they can collect. Heirs may not take your personal property until 30 days after your death. If your personal property exceeds $50,000 or you own real estate in your name alone, your estate must be probated.

What is not subject to Probate in Minnesota?

Some kinds of property and assets do not need to be probated. These include property owned as joint tenants, jointly held bank accounts, payable-on-death accounts, life insurance proceeds to a specific beneficiary, and pension benefits with a designated beneficiary in the event you die.

As discussed previously, holding title to property in joint tenancy means that you and another person each have an undivided interest in the property and a right to own it after the other person dies. In the case of real property, this fact would be stated in your title documents. When a co-owner dies, the surviving property owner must file a certified copy of the death certificate of the deceased property owner and an affidavit of survivorship with the county recorder or registrar.

As in joint tenancy of real property, you and one or more people may be listed as account holders of the same financial account. If one of the joint account holders dies, the other joint account holders own the money in the shared bank account.

A payable-on-death account is an individually owned account in which you choose someone else to receive the funds in your account upon your death. The beneficiary, or person getting the money upon your death, has no right to these funds until your death. You may set up a POD by contacting your financial institution. You may change the beneficiary by completing a new signature card at any time.

Life insurance proceeds. Your life insurance policy can indicate a specific person, called a “beneficiary,” who will receive your insurance proceeds when you die. Call your insurance agent or company if you are interested in naming a specific person or persons to receive your life insurance money.

How do I Probate in Minnesota?

Your personal representative starts a probate proceeding by filing an application or petition with the probate court in the county where you lived at the time of your death. Probate proceedings in Minnesota may be either formal or informal, and generally must be initiated within three years after the decedent’s death. The services of an attorney may be needed in order to correctly probate an estate.

An informal probate in Minnesota includes filing an application with the probate court. In some counties, you must file the application in person. If the probate registrar determines the application is complete, the registrar will issue a statement of probate and appoint a personal representative. In the informal process, the personal representative may pay debts and inheritances and may otherwise administer the estate without the court’s supervision.

Applications for informal probate in Minnesota should include the following:

• The applicant’s interest in the proceeding (i.e. spouse, child, attorney, personal representative, etc.);
• The decedent’s name, dates of birth and death, and the county and state of residence at the time of death;
• The names and addresses of the decedent’s spouse, children, heirs, and any others named in the will if there is one, and if a person is a minor, listing that person’s age;
• Statement showing venue if decedent was not domiciled in Minnesota at time of death;
• The name and address of the person who is, or should be, named personal representative; and
• Statement of applicant’s knowledge of probate or appointment proceeding concerning decedent filed in Minnesota or elsewhere.

If there is a will, the following also must be included in the application:

• A statement that the original will is in the court’s possession, accompanies the application, or an authenticated copy of a will probated in another jurisdiction is attached to the application;
• A statement that the will has been validly executed;
• A statement that the applicant is not, upon investigation, aware that the will has been revoked; and
• A statement that the time for beginning informal probate proceedings has not expired, which is generally three years after the decedent’s death.

The probate registrar has discretion to either accept or reject the application. It is not a final determination if the registrar rejects the application and does not prevent the will from undergoing formal probate proceedings.

Formal. Filing a petition with the court, starts formal proceedings. The petitioner then must appear before a court at a hearing. Because most people lack experience in formal probate proceedings, it is best to consult an attorney if an informal probate proceeding cannot resolve the estate. If the court finds that the petition is complete, the court will issue an order for probate and appointment of the personal representative.

How will the estate be distributed to heirs for Probate in Minnesota?

If there is a will, the personal representative should distribute the estate property according to the will. If there is no will, the estate property will be distributed according to state intestate succession laws.

The law generally provides that, without a will, your estate will pass to your spouse, if still alive, but in situations where either spouse has children from other marriages, the share of the spouse may be less than the entire estate. If your spouse is not alive, your estate will pass to your children in equal shares. You should consult an attorney to determine exactly how your estate will be divided if you do not have a will.

Sometimes, relatives cannot be located or traced. In this case, assets of the estate that cannot be distributed are deposited with the county treasurer until claimed.

What taxes must be paid for Probate in Minnesota?

Federal law provides that an individual can transfer up to $3,500,000 to someone other than a spouse before incurring estate tax. If you are married, you can transfer any amount of property to a spouse during your lifetime or after your death without incurring federal estate tax. Individual tax law may vary, however, and you should review the tax laws of the states where you have property. For example, Minnesota tax maybe due on some estates over $1,000,000.

In Minnesota, opening an estate means filing a petition in a Minnesota Probate Court such that assets of the person who died can be distributed.  When a petition is filed to open an estate, the petition requests either an informal proceeding or a formal proceeding.

When an estate is opened, there are many pitfalls that can cause trouble.  For example, the process of opening an estate can differ depending on whether the person who died had a will, was married, had children, had creditors, or was insolvent.

When an estate is opened in Minnesota, a petition will request the designation of a “personal representative.”  Once formally designated, a  personal representative has the duty to administer assets of the estate.  Without opening an estate a personal representative cannot be assigned.  As a result, the most significant element of a petition asking a Minnesota Court to open an estate is the designation of a personal representative.

Also, opening an estate in Minnesota is a significant process when trying to distribute assets of a loved one because both creditors and “interested persons” can serve as a personal representative despite a Will stating otherwise.

Additionally, opening an estate is a public process.  Once opened, notice to creditors is required and the contents or value of a person’s estate becomes public knowledge.  Once an estate is opened, the remaining elements of the process include administering estate assets and closing an estate.  Between opening an estate and closing an estate, this process can take many consecutive months.

If you are considering opening an estate or need representation with this process, please consider contacting an estate lawyer for help and advisement.