Best Probate Lawyers in Rochester

Frequently Asked Questions

• What is the non-emergency contact number for the local police station in Rochester, Minnesota?

  507-328-6800 is the Rochester Police Department's non-emergency phone number.

• Where can I get a copy of police reports for incidents related to my case in Rochester, Minnesota?

  Rochester police reports can be requested in person at the locations listed below from 8 a.m. to 4:30 p.m., Monday through Friday, excluding holidays:

  • Law Enforcement Center, Police Department Window, 2nd Floor, 101 SE 4th Street, Rochester, MN 55904.
  • North Station, Records Window, 4001 West River Pkwy NW, Suite 200, Rochester, MN 55901. Call Records at 507-328-6811 or send an email to LECRecords@rochestermn.gov for more information.

• In Rochester, does a will prevent probate?

  No, a will won't help you avoid probate in Rochester. However, you can use this paperwork to help you on allocating your possessions once you pass away. It contains your set of probate instructions, ensuring that your wishes are carried out. Additionally, it typically makes the probate process simpler, particularly if your situation is unique.

• If your assets are held in trust in Rochester, does it automatically make you eligible for Medical Assistance?

  No. As far as eligibility for Minnesota's Medicaid program is concerned, assets held in trust are counted as available assets. Simply because you have an estate plan in place does not guarantee that your assets are beyond the reach of nursing homes. Rochester implements Minnesota's public policy that if a person has assets sufficient to cover their care, they must use those assets first before they can qualify for Medical Assistance.

• When is probate required in Rochester?

  Rochester residents who died or owned real property in Minnesota are subject to the state's probate law. Several factors, like the type of property and the ownership structure, determine whether probate is necessary when the owner passes away. For instance, real estate, like a house or a cabin, is typically subject to the probate process unless it was put in a trust or was owned as joint tenancy property with the right of survivorship.

• What types of property in Rochester do not require probate?

  Jointly held bank accounts, life insurance payments to a specific beneficiary, payable-on-death funds, and pension benefits with a designated beneficiary are examples of non-probate assets in Rochester. Minnesota law also permits the sale of a car without going through the probate process. Joint assets are not always automatically transferred after someone passes away. In certain cases, an affidavit of survivorship must be submitted to the county recorder where the property is located to transfer real estate to the surviving owner.

• What kind of information do you need to collect before your initial consultation with a Rochester probate lawyer?

  Before meeting with a Rochester probate attorney, you must gather information regarding the decedent's assets and family. The attorney will ask for a death certificate and any previous estate planning documents, such as wills, trusts, or deeds, written by another company. During the initial consultation, if you continue working with the attorney, they will also ask you to pay a retainer fee and sign an engagement letter.