Willmar, MN Probate Attorneys Simplify the Probate Process and Guardianship Proceedings for You
More than 130 years’ combined experience helping residents of central Minnesota navigate probate and guardianship
Founded in Willmar, MN in 1892, Anderson Larson stays true to our traditions of providing quality legal services and attentive care while minimizing client costs. Our skilled attorneys are here to answer your probate and guardianship questions and assist you in court.
What is the probate process in Minnesota?
Unless your estate is small, your property must go through the probate process after you die. The steps generally include:
If there are any disputes along the way from creditors of the estate or unhappy heirs, the probate judge decides how to resolve the issues. One of our experienced estate lawyers can assist you in pursuing or defending a will contest or other estate administration issue.
How can I avoid the probate process?
Since your estate contains all of the property you own when you die and must go through the probate process unless your estate is small, the key to avoiding probate for some or all of your assets is to transfer them before you die. This is tricky since none of us knows exactly how much longer we’ll be here.
Transferring some or all of your assets to a trust, however, is one way to avoid the probate process for those assets. Giving them away before you die is another way to avoid probate, but there are tax implications for giving away significant assets. An experienced estate planning attorney at Anderson Larson can help you decide which way to go.
What is legal guardianship in Minnesota?
In an estate planning context, parents can choose a guardian for minor children in their last will and testament. Outside an estate context, guardianship proceedings in probate court are used to get legal authority to make personal care and financial decisions for another person, known as the protected person.
Usually, the person is a minor child or incapacitated adult who is unable to provide routine self-care or manage money. Conditions such as a severe stroke, coma or advanced Alzheimer’s may support a claim for guardianship. The person seeking guardianship authority is usually a relative or family friend.
How do I go about getting legal guardianship of a person?
The process begins with filing a petition for guardianship in probate court. The judge then considers whether the protected person is able to make and carry out necessary decisions for self-care and financial affairs and whether the applicant is a suitable person to care for the protected person. If these decisions are resolved in the applicant’s favor, the guardianship is granted.
Call for a meeting with our probate and guardianship attorneys in Willmar, MN
Anderson Larson is a Willmar, MN general practice firm providing dependable legal services for clients throughout Kandiyohi, McLeod, Stearns and Meeker counties. Our office is across the street from Rice Memorial Hospital, with on-street parking and a convenient public transit stop nearby. Call 320-235-4313 today or contact us online to arrange a meeting.