Probate

When a Loved One passes away, the shock and grief can be overwhelming.  In that difficult time, it is important you have an attorney to help you through the complicated legal proceeding called probate.  

Whether your Loved One had a Will (died testate) or did not have a Will (died intestate), the legal proceeding required to administer their estate is called probate.  If they had a Will their estate will be distributed according to the direction in the Will.  If they did not have a Will their estate will be distributed according to the intestate laws.

It is important to realize a probate proceeding is not necessary to administer every estate.  For instance, if your Loved One created a Living Trust and transferred all their property into that Living Trust no probate is necessary.  Additionally, if your Loved One did not own any “probate property”, no probate is necessary. Even if your Loved One did have “probate property”, if the values of their “probate assets” is less than $50,000.00, a probate proceeding may not be necessary.  However, even if a probate proceeding is not necessary, it is still advisable to speak to an attorney to determine what if any action does need to be taken.  For instance, with the portability of the unified credit between spouses pursuant to the 2010 Tax Act, an election of that credit may be advisable.

Many people fear that the fees involved in probating an estate are very costly, but that is not always the case. 

Moosbrugger Law Office
307 1st Ave. N.W.
Kasson, MN 5594
(507) 634-4111
anthony@moosbruggerlaw.com