Best Probate Lawyers in Rochester

FAQs

• 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.

• What does a probate attorney do?

  Probate attorneys are licensed professionals who represent executors and heirs after someone has died. They provide personalized legal advice, assist with tax planning, settle debts, and facilitate the distribution of assets. Probate attorneys typically represent clients during administrative proceedings overseen by probate courts, although some litigators focus on handling disputes and lawsuits related to contested estates.

• What is probate court?

  Probate court works with the family or beneficiaries of a deceased person to validate their last will and testament. The courts review the individual's will to identify and calculate assets, pay off remaining debts, and distribute the remaining property to beneficiaries per the deceased person's requests. Depending on state laws, property valued under a certain amount may not require probate.

• How long do you have to file probate after death?

  The amount of time loved ones have to file a will after a person dies varies from state to state. While California courts require probate to be filed within one year, New York has no deadline. That being said, it's advisable to file probate as quickly as possible once a person has died, as the process itself can take anywhere from a few weeks to more than a year.

• Does life insurance go through probate?

  Life insurance doesn't need to go through the probate courts if the deceased individual has named a beneficiary on their policy. However, life insurance policies without beneficiaries, or with beneficiaries who are either deceased themselves or cannot be contacted, go directly to the deceased individual's estate. When this happens, life insurance proceeds must go through probate court to determine how funds should be allocated.

• Do household items go through probate?

  While the exact rules do vary from state to state, most household items don't require probate and are automatically left to immediate families unless otherwise stated in the deceased person's will. When it comes to property, only items above a certain value or held in title are required to go through probate in most states.

• Do bank accounts with beneficiaries have to go through probate?

  In the event a beneficiary has been named, bank accounts are not required to go through probate and will be paid directly to the person designated by the deceased individual. However, should that individual be deceased themselves or if contact cannot be made after a certain period of time, funds will be allocated to the estate and put through the probate process.

• What happens if no probate is filed?

  Depending on the circumstances, probate may not be required in all cases. If a person passes on and their remaining property is jointly owned, it automatically transfers to the other owner. However, if a property is not jointly owned and no probate has been filed, the executor of the will won't be able to transfer titles or cash assets to beneficiaries. Be aware that the specific laws surrounding probate requirements vary from state to state.

• What is probate real estate?

  Probate real estate is the process that happens when a realtor steps in to handle the sale or transfer of a deceased person's owned home to another individual. In some cases, the house is sold as a means of liquidating assets, and proceeds from the sale are used to pay debts or are distributed to beneficiaries.

• Can I probate a will or estate without an attorney?

  It is possible to probate a will and close an estate without hiring an attorney. However, it requires multiple steps and an understanding of the law. The first step is to petition the court to appoint a representative for the estate. Next, the executor must notify all heirs and creditors before switching ownership from the decedent to the estate. Once all debts, taxes, and final expenses have been paid, funds can be transferred to heirs. To close an estate, the executor must submit a report showing the court that all obligations and final wishes have been satisfied. While a will and estate may seem straightforward, things can get complicated quickly if multiple heirs are involved, or if disputes or disagreements arise over distribution. A probate lawyer can help navigate these disputes effectively, and take pressure off the executor when beneficiaries aren’t getting along.

• How many years can an estate remain in probate?

  If the will or proposed distribution of property is contested, an estate may remain in probate for several years. The timeline depends on how long relatives have to initiate probate, how long creditors have to come forward, and how busy the courts are. In some states, such as Florida, relatives have just 10 days to initiate probate, and the entire process takes approximately six months. In other areas, such as Massachusetts, the process can last one to two years, although the majority of probate activities occur in the first nine months. The value of the estate also affects the duration of the case. For example, California and Texas have simplified procedures for smaller estates, such as those valued at $150,000 or less.

• When is a will's probate an automatic process?

  Probate is the legal process of validating a last will and testament to ensure that the decedent's wishes are followed. A probate judge may automatically clear wills if they're accompanied by an affidavit from the decedent, a notary, and a witness. Some assets, including financial accounts with designated beneficiaries, and funds held by certain types of trusts don't have to go through probate.

• What does it mean when property is under probate?

  Real estate that's under probate is typically liquidated through the court system, which is most common when someone dies without a will. Home buyers who are interested in this type of property must follow special rules regarding deposits, which are sometimes nonrefundable, and buyer's premiums. Additionally, the court must approve the purchase price.