Mankato Probate Lawyer

You can’t take it with you when you die, as they say, but you can make certain that your assets go to the people you love and the causes that you care about most. A Mankato probate attorney can help you every step of the way in helping your loved ones navigate probate after your death.

Probate is a court-supervised procedure where assets are transferred from the descendant to those entitled to receive them, either by a will or trust or by law. Executors or trustees are charged with facilitating the administration process. With this role comes considerable responsibility and liability, and an experienced estate planning attorney can help to ensure that the administration process goes as smoothly as possible.

What Does a Probate Lawyer Do?

Also called estate lawyers or trust lawyers, probate lawyers are committed to helping people make certain that their debts and assets are properly taken care of in the wake of their death. Probate attorneys can help you and your family whether or not you have engaged in estate planning in the past and whether or not you have a valid will at the time of your death. The tasks of a probate lawyer depends heavily on the legal documents you have created and the details of your estate. However, a probate lawyer can generally help you with:

  • Writing and/or reviewing your will or living trust
  • Setting up powers of attorneys documents
  • Collecting all the assets and getting the list appraised by a referee
  • Serving as an estate’s executor
  • Paying off debts
  • Selling real property
  • Paying taxes and dealing with any tax problems
  • Handling disputes between beneficiaries
  • Dealing with any trust or probate litigation
  • Distributing assets in accordance with a will, trust or the law
  • Closing the estate
  • Appearing in court as necessary

Minnesota Laws Regarding Wills

Estate laws vary greatly from state to state, so it is important to be aware of the laws regarding wills, inheritance, and trusts where you live. Below are some of the basic laws related to estate planning in place in Minnesota.

  • Intestacy law: This state law says that if you die without a valid will, your property will be given to your closest relatives, beginning with your spouse and children and ending with distant relations. If you do not have relatives, your property will be given to the state.
  • Attorneys and wills: You may legally write a will without the assistance of an attorney in Minnesota–but be aware that drafting a will without the help of someone with knowledge regarding state estate laws could create issues during probate.
  • Witnesses. In Minnesota, you must sign your will and have your will signed by two witnesses.
  • “Self-proving” wills. While you do not have to have your will notarized, you may wish to go to a notary to create a self-proving will, or a will that is accepted in court without the court having to contact the witnesses. This speeds up the probate process.

Speak To A Mankato Probate Attorney Today

It can be easy to put off estate planning and will- and trust-related tasks. But completing these tasks can ensure that your loved ones are provided for quickly and completely in the event of your death–and give you peace of mind that even if the unthinkable takes place, you have done your part.

Whether you are looking for a probate attorney to help you with your estate, or whether your loved one has passed away and you need the help of an estate lawyer during probate, we are here to help. To schedule an appointment, or to ask one of our team members a question, we invite you to contact us today at (507) 344-8888 or to fill out our online contact form.