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"I heard at a seminar that a trust is the only way to avoid probate. Is that true?"

Estate Administration 101: I’ve Executed a Transfer-on Death Deed. Now What?

Alyssa K. Jerde

Jun 17, 2019
2 min

Estate Administration 101: I’ve Executed a Transfer-on Death Deed. Now What?

A Minnesota transfer-on-death deed (a “TODD”) is type of deed that transfers ownership of real estate effective only upon the grantor’s death. Think of a transfer-on-death deed as analogous to adding a beneficiary designation to your real estate, just as you would a life insurance policy or a bank account. We’ve covered more of the basics of using a transfer on death deed here. In order to be effective, a transfer-on-death deed must expressly state that the deed is only effec

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Estate Administration 101: When is Probate Required?

By Alyssa K. Jerde

May 16, 2019
2 min

Estate Administration 101: When is Probate Required?

We’ve discussed how assets pass after death in previous posts on our blog, but how do we know when a probate is actually required? The assets owned by a deceased person can be split into two separate categories: probate assets and non-probate assets. Non-probate assets are those assets that have a beneficiary or pay-on-death designation, have a joint owner who has a right of survivorship, or those assets administered by a trust. These assets pass outside of the probate estate

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How to Find Minnesota Probate Court Records Online

Aretha Franklin is the latest celebrity to die without a will. What happens to your assets without o

Aug 23, 2018
2 min

Aretha Franklin is the latest celebrity to die without a will. What happens to your assets without o

It has recently been reported that the legendary singer, Aretha Franklin, died without a will or a trust. How do we know? Frankin's niece filed a petition with the probate court in Michigan seeking to be appointed as personal representative and indicating that there is no will. In Michigan and every other state (including Minnesota), probate is public record. Soon, the type, size, and value of Franklin's assets and debts will be filed with the court and accessible by the publ

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Descent of Homestead and Why It Matters to You

Jun 19, 2018
3 min

Descent of Homestead and Why It Matters to You

A homestead is more than just a home. Homes are places where families have made memories over the years, a source of pride for the owners, and one of the largest financial investments a person will have. Understanding how a homestead will transfer upon your death is something that needs to be considered in advance. Minnesota law has some special provisions for the disposition of a homestead after the death of an individual. A homestead is residential real estate that is occup

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I have a will. Doesn't that mean my estate won't go through probate??

May 25, 2018
4 min

I have a will. Doesn't that mean my estate won't go through probate??

Unfortunately, just because someone has a will does not mean that their estate will not go through probate. What is probate? Probate is the legal process of settling an estate after a person has died. A petition must be filed with the court and a personal representative must be appointed. The personal representative is responsible for: collection, inventory, and appraisal of assets of the person who died, protection of the estate’s assets, payment of decedent’s debts, and dis

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Do You Own Rental Property? How Proactive, Comprehensive Estate Planning Can Help