Wills, Trusts, Estates and Probate

paperwork for living will and estate planning

WILLS, TRUSTS, ESTATE & PROBATE

Areas of Practice:

Wills – Estate Planning – Probate – Will Contest – Contested Probate – Conservator – Personal Representative – Deed – Living Trust – Trusts – Beneficiary – Trustee – Executor – Bond – Bequeath – Bequest – Joint Tenancy – Joint Estate – Per Stirpes – By Representation – Erode – Waste – Rule of Perpetuities – Divest

People often think of wills, estates, and probate only once tragedy strikes and they find themselves trying to put together the pieces of an incredibly complex and emotional estate puzzle. That is because many people put off estate planning issues until it is too late and the results are often tragic. Those without an estate plan expose friends and family members to drawn-out emotional and expensive court proceedings in which a fight often develops over the loved one’s assets. Estate taxes and legal fees can greatly deplete the decedent’s legacy, and family relations can be irreparably damaged.

In most instances, avoiding the cost and burden of probate should be a high priority. Probate is the process by which a court determines the legality of a will if there is one, and then approves the distribution of an estate’s assets in accordance with the will. If there is no will, the court orders the distribution in accordance with the law. A common misconception is that a will is sufficient to avoid the time and expense associated with probate, or that it will prevent a dispute with relatives seeking more than their allotted share of the estate. That is usually not the case.

The biggest mistake many people make is thinking that their estate is too small, or that they do not have enough money or assets to bother worrying about a will or an estate plan. What they do not realize is that even the smallest estate can be saved thousands of dollars in attorneys’ fees and probate costs with a few simple and affordable estate planning instruments that can be prepared with very little time or effort on the part of our clients.

What are Wills, Trusts, Estates, and Probate?

Wills are simply written instructions about what someone wants done with their real property (land and buildings) and personal property (cars, cash, bank accounts, furniture etc.). A Will also appoints who someone wants to be in charge of everything once they die. If someone dies without a Will, Minnesota’s statutes decide what happens, not the person who died, even if people knew what the deceased person actually wanted.

In their simplest form, you can think of a Trust as an imaginary person who takes and holds someone’s stuff (real property and/or personal property) while they are still alive and then it automatically does something with that stuff once the person dies. Trusts can be helpful tools to help people avoid probate and to take the burden off loved ones upon their passing.

Estates are simply the entire package of things people own, including real property, personal property, bank accounts, business interests, stocks, bonds, legal claims, etc.

Probate is the process by which a court determines the legality of a Will if there is one, and then oversees—and in some cases decides—what should happen to someone’s estate upon their passing.

Our Approach to Wills, Trusts, and Probate

We approach Wills Trusts, Estates, and Probate with a strategic mind and a compassionate heart. We understand how difficult, sensitive and complicated these matters can be. We listen to our clients carefully, we answer their questions, and we suggest options that may be best, and we help them quickly and efficiently conclude these matters at the lowest cost possible.

Our Experience Matters

People often think of wills, estates, and probate only once they lose a loved one, and they find themselves trying to put together the pieces of an incredibly complex and emotional puzzle. That is because many people put off estate planning issues until it is too late and the results are often tragic. Those without an estate plan expose friends and family members to drawn-out emotional and expensive court proceedings in which a fight often develops over the loved one’s assets. They also risk losing their accumulated wealth to long-term care costs and medical bills. Estate taxes and legal fees can greatly deplete the decedent’s legacy further, and family relations can be irreparably damaged by unclear or unexpected estate plans.

In most instances, avoiding the cost and burden of probate should be a high priority. A common misconception is that a Will is sufficient to avoid the time and expense associated with probate, or that it will prevent a dispute with relatives seeking more than their allotted share of the estate. That is usually not the case.

The biggest mistake many people make is thinking that their estate is too small, or that they do not have enough money or assets to bother worrying about a will or an estate plan. What they do not realize is that even the smallest estate can be saved thousands of dollars in attorneys’ fees and probate costs with a few simple and affordable estate planning instruments that can be prepared with very little time or effort on the part of our clients. We can also prepare simple instruments that will transfer bank accounts and houses upon death without the need for probate or even a Will.

Over the years, Cadem Law Group has handled probate cases involving tens of millions of dollars. You deserve a Cadem Law Group attorney who has the experience and compassion to guide you through these matters.

Our Experience Matters

Before you make any decisions about what to do, you need to speak to an experienced attorney who can intelligently guide you through all of the issues, to answer your questions, and to help you make the best decision for you and your family. The initial consultation is free and 100% confidential, so you have nothing to lose by calling.

A Law Firm You Can Trust

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If you have questions about how to avoid probate, you need a will, or if you are in need of a probate attorney, we are here to help. We will guide you through this unnecessarily complex process and help you make the right decisions for you and your loved ones. Contact our office online or call 218-739-HELP (4357) to schedule a free consultation to discuss your options today.

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Proudly Serving:

Proudly fighting for the rights of people across the entire state of Minnesota, including Ramsey County, Hennepin County, Otter Tail County, Wahpeton, Wilkin County, Washington County, Becker County, Clay County, Wadena County, Douglas County, Grant County, Wright County, Dakota County, Scott County, Carver County, Anoka County, Pope County, Stillwater, St. Paul, Minneapolis, Fergus Falls, Detroit Lakes, Elbow Lake, Alexandria, Pelican Rapids, Perham, Alexandria, Wadena, Morris, Breckenridge . . . and everyone in between.

Contact Us:

Twin Cities:612-222-6127
Fergus Falls:218-739-4357
Toll Free:855-663-9437

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