You may be familiar with the old saying that you cannot take it with you when you die. However, hiring a good probate lawyer in Edina can help any of your surviving loved ones as they work to settle your assets and debts. This can be done either with or without a will. But, what exactly is a probate attorney?
About Minneapolis Probate Attorneys
A probate attorney near Minneapolis, MN, sometimes referred to as a trust or estate lawyer, is there to help executors of an estate to manage the probate process. If there is no will, the executor is known as the administrator.
These lawyers may also assist with Minneapolis, MN, estate planning to help draft up a living trust or will, give guidance on power of attorney, or serve as an administrator or executor.
What Does A Probate Lawyer In Edina Do?
What this attorney does depends on whether or not the person who has passed had a will in place before dying.
If There Was A Will –
When you die with a will, you could hire a probate lawyer to advise everyone on different legal matters of the estate. Such an attorney may look at the will to ensure that it was not drafted or signed under duress or against the best interest of the decedent. For example, elderly people with dementia could be vulnerable to people who wish to get a piece of their estate.
If There Was No Will –
Should you die without having a written and signed will, it is called intestate. If this occurs, the estate is distributed according to local laws where the property is located regardless of what your wishes might have been. When this is the case, estate administration probate lawyers might be hired to help divide assets according to MN state law. Top probate attorneys in Minneapolis will also be bound to the state intestacy laws no matter what the family members or decedents wish.
If you are a relative and you wish to be an estate administrator, you will need to secure renunciations from the decedent’s other relatives. This is a legal statement that renounces one’s rights to work as administrator of an estate. Probate lawyers can help secure and file said statements properly through probate court.
Probate Lawyer Roles
There are times when a probate lawyer might be responsible for one or more of the following tasks when helping to advise an administrator or executor:
- Collect and manage the proceeds of life insurance
- Getting the property of the decedent appraised
- Find and secure all assets of the decedent
- Advise how payment should occur for the decedent’s debt and bills
- Prepare and file documentation the probate court requires
- Manage the checkbook of the estate
- Determine if taxes are owed on the estate
Are you unsure whether or not you require the assistance of a probate lawyer in Edina? We are here to answer all of your questions and concerns at Schindel Segal Attorneys. All you have to do is give us a call at (952) 358-7400, and we can set up a time for you to have a free consultation.