Jan 14, 2016

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Handling an Estate Through Probate With No Inconveniences With an Attorney in Walker, MN

Handling an Estate Through Probate With No Inconveniences With an Attorney in Walker, MN

Writing a living will is important to many people, although it’s a task that’s often delayed. Sometimes there can be a lot of confusion and disagreements among family members of a loved one who died without a living will. Executives of the law have to intervene and decide what happens with an estate when the decedent has no official document that says what to do with the assets left behind. An estate is the sum of a person’s assets and a will states who those assets are handed over to. An estate has to go through the legal process of probate before the testator’s will becomes active. A will may have one or more executor or people who have rights to certain assets. If no on contests a will, the testator’s wishes are honored.

An estate can be contested if a family member feels there are unfit stipulations. An attorney in Walker, MN can help people write valid and coherent wills. A will may be deemed invalid if there were no witnesses there when it was signed. The mental health of the testator during the time a will was written is grounds for revision. If mental health was deteriorating from conditions such as alzheimer’s or dementia, the testator might have not even been able to make rational decisions at the time. The person challenging the will may need proof of health problems with doctor’s reports. Some contest a will because they feel assets are being put in the wrong hands and the assigned executor won’t use them the way the testator wishes. An attorney in Walker, MN can assist in this process by explaining the logical reasons for the faults in the will.

A testamentary trust or a living trust is an even more secure way to ensure assets go the right person. The difference here is that a living trust grants the beneficiary ownership of assets while the testator is still living (the testator still has primary ownership while living). A living trust overrides the probate process because the assets are already signed over to the beneficiary. The process to officially have assets transferred to the beneficiary is much simpler this way, probate can be avoided and it is much harder for others to contest a living trust. Schedule a consultation with Borden Steinbauer Krueger & Knudson P.A.

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