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Compassionate assistance through the decisions, paperwork and tasks required to settle the affairs after the death of a loved one, including probate, nonprobate and trust administration.

Legal Process

Probate is the legal process of transferring the ownership of assets from the deceased person to whoever is rightfully entitled to receive the assets. If the deceased person has a valid Will, that document nominates the Personal Representative and designates how assets will be distributed. If the deceased person does not have a valid Will, the state’s “intestacy” laws direct how the assets must be distributed and who has priority to serve as Personal Representative.

When Probate is Required

In Minnesota probate is normally required the Court’s involvement is necessary. Probate is normally required for any assets owned in the sole name of the deceased person. However, probate is not required for certain category of assets: (i) property owned jointly with right of survivorship, (ii) property with a designated beneficiary, or (iii) property titled in a Revocable Living Trust. Even if probate is not required, I can assist you with the various steps to settle the decedent’s affairs. For example, affidavits of survivorship, insurance claim forms or affidavits of collection may be required.

Formal or Informal Probate

Most estates can be probated informally, which avoids the need for court hearings and therefore reduces the cost. However formal proceedings with court hearings are required in circumstances involving questions about the validity of the Will, family disputes, insolvent estates or certain types of assets or beneficiaries. In both formal and informal probates, certain legal procedures are required and various documents prepared. Our role is to help you understand the requirements, guide you through each step of the procedures and prepare the necessary documents.

Complex Estates

Some estates are more complex. If the amount of debt exceeds the value of the assets the estate is insolvent, and the court must approve how assets are applied to the debts according to legal priorities. Medical Assistance or other liens may need to be paid and cleared. If real estate is owned in other states, ancillary proceedings may be required, since Minnesota courts have authority over all personal property of the deceased person, but only real estate located in Minnesota. Berg Law Offices will work with attorneys in other states to clear title to the real estate. Often the estate sells real estate so that bills can be paid and cash distributed to the rightful persons. Since I am Real Property Law Specialist certified by the Minnesota Bar Association, our office can assist you with all your real estate issues.

Tax Issues

Most estates have some tax issues. If the gross taxable estate exceeds certain limits, federal and/or state estate tax returns will be required. Income tax returns are frequently required for the deceased person’s final year, as well as for the period of time the estate is open. Our office will coordinate tax matters with your accountant.

Estate Planning

The surviving spouse and other family members often need to prepare or update their respective estate plans. As an estate planning attorney, I can help you with your estate planning needs.

Answer Questions

Berg Law Offices are available to answer questions immediately following a death, and to meet with your family to review the Will or intestacy laws. While legal matters may usually be delayed for a short period until after the funeral or memorial services. It is very important to consult with an attorney before making any important decisions. For example, the estate plan may contain disclaimer provisions that must be exercised promptly to preserve tax benefits.