Probate Attorneys

Skilled, Compassionate Guidance through Probate

Most people are faced, at some point, with the need to manage the estate of a family member or loved one. This task is challenging, and can seem almost overwhelming when you are grieving. Our attorneys work with you, offering knowledgeable guidance and compassionate support as you navigate the complex probate system.

Probate is the court-supervised process of identifying, inventorying, and distributing the assets of a deceased person, or “decedent.” If there is a valid will, assets are distributed according to that document; if not, Minnesota law dictates the distribution. The process is governed by laws and court rules, and can be expensive, time-consuming and stressful if not handled properly. For this reason, most personal representatives and executors of estates retain legal counsel.

Probate Support from Start to Finish

Our experienced attorneys have handled many probate estates, from the straightforward to the complex, assisting personal representatives both within Minnesota and out-of-state. We take pride in guiding our clients through the probate process from start to finish, including offering counsel regarding the tax implications of each probate case. Our services include:

• Opening the probate estate
• Preparing and filing all required documents, including wills, inventories, accountings and reports with the probate court
• Contacting interested parties and heirs of the deceased
• Identifying, locating, and securing assets and obtaining appraisals
• Notifying potential creditors of the estate/publication
• Preparing or overseeing the preparation of federal estate and income tax returns for the estate, if necessary
• Ensuring court fees and expenses are timely paid
• Addressing claims against the estate
• Handling probate litigation and will contests
• Closing the estate

The fees for a probate attorney's services are paid out of estate funds, so there is generally no out-of-pocket expense to personal representatives and heirs. The attorney's services reduce the stress and delays of the probate process, and may even save the estate money in the long run.

Reasons to Hire a Probate Attorney

An attorney is not needed in order to probate a Minnesota estate, but as mentioned above, the help of an attorney can be invaluable. Here are three reasons why:

• Time: Probate involves strict regulations and deadlines. Failure to timely and correctly meet court requirements delays the process, increases expense, and can even result in personal liability for the personal representative.
• Peace of Mind: When an experienced probate attorney is guiding you through the process, you can rest assured that details are being properly addressed and deadlines are being met.
• Relationships: As valuable as your time and peace of mind are, your relationships with family members are even more precious. Avoid the risk of family strife arising over a mismanaged estate.
• Tying Up Loose Ends: The purpose of probate is to ensure assets are distributed according to the decedent's wishes, or according to statute where there is no valid will. Having an attorney involved helps keep the process going until everything is taken care of.

We invite you to contact us to discuss how we can help to guide you through the probate process as efficiently and easily as possible. Contact Huemoeller, Gontarek and Cheskis, PLC today at by phone at (952) 447-2131, or via email at hg@priorlakelaw.com. We look forward to working with you.