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Minnesota Estate Planning Legal Questions

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11 legal questions have been posted about estate planning by real users in Minnesota. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include trusts and estates, powers of attorney, and charitable giving. All topics and other states can be accessed in the dropdowns below.
Minnesota Estate Planning Questions & Legal Answers
Do you have any Minnesota Estate Planning questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 11 previously answered Minnesota Estate Planning questions.
Estate Planning
Minnesota

Recent Legal Answers

Dad's bank accounts, Joint Tenancy with survivorship rights.

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Funds passing to designated beneficiaries pass outside the Will.  Please consult with your probate attorney.
Funds passing to designated beneficiaries pass outside the Will.  Please consult with your probate attorney.

how do I gift my children part of my LLLC

Answered 5 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
This is best done in the Operating Agreement.
This is best done in the Operating Agreement.

Do I actually have unclaimed funds?

Answered 5 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
This sounds like a scam.  Your aunt should pressent a death certificate to the brokerage company to claim the Roth IRA.  If she never does, they pass to her children, not to you.
This sounds like a scam.  Your aunt should pressent a death certificate to the brokerage company to claim the Roth IRA.  If she never does,... Read More

Can I donate to charity when there is no willow trust just the deceased wishes?

Answered 5 years and 5 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
If all the heirs agree and sign a Family Settlement Agreement, you can do this.  If they do not, you cannot.  You can however, give away your own inheritance once you receive it.
If all the heirs agree and sign a Family Settlement Agreement, you can do this.  If they do not, you cannot.  You can however, give away... Read More

if someone lied to get a will changed and power of attorney. Can we over ride this.

Answered 5 years and 5 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Whether your attorney will again represent you is irrelevant.  Only your father can change his Will.  He, not you, can hire an attorney to make any change he may desire.
Whether your attorney will again represent you is irrelevant.  Only your father can change his Will.  He, not you, can hire an attorney to... Read More

How many hours does it take a lawyer to file for a Letter of Testamentary with a Probate Court?

Answered 5 years and 5 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
This varies by location, lawyer and the complexity of the case.  One does not simply file and get Letters Testamentary.  There is a hearing.  The court appoints the personal representative.  The time to get a hearing also varies by location and by court.  Note that there are court filing fees.... Read More
This varies by location, lawyer and the complexity of the case.  One does not simply file and get Letters Testamentary.  There is a... Read More

What do do when lawyer does return calls and has 50% deposit to draw up our estate trust.

Answered 6 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Let him know you may file a grievance (complaint) with the state bar.  If you do not get a response, do so.
Let him know you may file a grievance (complaint) with the state bar.  If you do not get a response, do so.

I already have a will, and I wish to change/update it

Answered 6 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Use the link on this site to find a local estate planning attorney or ask your county or state bar association for a list.
Use the link on this site to find a local estate planning attorney or ask your county or state bar association for a list.

What happens to the proceeds of a house held in life estate at the time of sale when the owner of the life estate is still living?

Answered 6 years and 8 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
It is not clear what kind of life estate this is.  If your mother signed and recorded a Transfer on Death Deed reserving a life estate to herself, only she need sign and only she is entitled to the proceeds.  If you and your sister also have a current life estate in the property, all three of you must sign.  Who gets what depends on how the three of you own the property.    ... Read More
It is not clear what kind of life estate this is.  If your mother signed and recorded a Transfer on Death Deed reserving a life estate to... Read More

if my mother dies do i have to worry about HER siblings trying to claim any of her estate? i'm her only child and she is widowed w/no step children.

Answered 7 years and 4 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Generally speaking, no -- but it is safer to have a Will.
Generally speaking, no -- but it is safer to have a Will.

What is the basis of property to the remainderman of a life estate upon the death of the life tenant?

Answered 13 years and 2 months ago by Robert Barnhill III (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
Jeffrey - the basis of property received by the remaindermen will be the basis inside the trust.  Since the property is not subject to estate tax when the life tenant dies, the property does not receive a new basis.  The remaindermen will get the trust basis and holding period.
Jeffrey - the basis of property received by the remaindermen will be the basis inside the trust.  Since the property is not subject to estate... Read More
Estate Planning
Minnesota

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