Probate Administration and Litigation
Probate is the court process for overseeing the management of assets and affairs for people who cannot do so themselves. Most of the probate process is spent overseeing the administration of estates after people have died with or without a will. This includes identification of a deceased person’s assets (finances, properties, businesses, etc.), gathering and liquidating those assets, paying the decedent’s creditors, and finally, distributing the decedent’s assets and property to his or her beneficiaries.
In Minnesota, whether probate is required depends on what kind of assets the deceased person owned, not on whether they had a will or not. Each case must be looked at individually to determine whether it will go through the probate process. Less complicated cases can go through a process called “informal” probate, which does not require a hearing, while more complicated cases will require formal probate, which usually requires one or more court hearings. Some cases do not need to go through probate at all. An experienced probate attorney will quickly gain a clear understanding of your situation and walk you through the entire probate process.
The probate process involves appointing a Personal Representative (sometimes called an “executor”), notifying beneficiaries and any creditors holding debts, tracking and reporting the estate’s assets, objecting to or paying off debts, paying taxes, and distributing assets to the right beneficiaries at the right time. In the event that there is no will, the probate court will identify the appropriate heirs. Once the heirs are found, the estate is distributed to them under Minnesota’s laws. This may or may not be what the deceased person intended, so it is always best to have a will in place to ensure that the deceased’s wishes are honored. In either case, the assistance of an experienced probate attorney can help to make the process as stress-free as possible for all involved.
If you are appointed as the executor/personal representative for a loved one who has passed away, we provide reasonable rates to help settle the estate as we’ve handled large, complex estates as well as modest estates. We can offer legal advice as you carry out the duties, or I can take on the burdens for you.
We often assist children in being appointed as personal representatives when a dispute has arisen about who should be appointed as personal representative when a parent dies. At times, our attorneys also address questions that may arise about the validity of a testamentary document, such as a will.
In a will contest, the outcome can have a significant impact on who receives money and property. It may have significant tax implications. Although a dying person has the right to distribute an estate as he or she sees fit, unscrupulous family members or caregivers sometimes exert inappropriate influence over the dying person, causing the person to sign a will or testamentary document that does not reflect the dying person’s wishes. Under these circumstances, I assist clients with will contests, the goal of which is to obtain a legal determination as to which document should control.
We provide a wide range of probate law services to assist clients with their legal needs. From estate planning to probate litigation, our experienced attorneys are dedicated to helping you achieve your legal goals. We understand that every client has unique needs, and we work closely with you to develop a customized legal strategy that fits your individual situation. Our goal is to ensure that your loved one's legacy is protected and that their assets are distributed fairly.
The Law Offices of Troy M. Schrempp, ESQ provides legal advice and representation for residents of the Twin Cities metro of Minneapolis and St. Paul, Minnesota. This includes cities such as Lake Elmo, Woodbury, Oakdale, St. Paul, Maplewood, White Bear Lake, Stillwater, Oak Park Heights, Edina, Eden Prairie, Bloomington, Minneapolis, Richfield, St. Louis Park, Wayzata, Minnetonka, Hopkins and counties such as Dakota County, Scott County, Hennepin County, Washington County, Ramsey County, Carver County and Anoka County.