St. Paul Probate Lawyer
What is Probate?
When you or someone you love dies, the property they left behind, including money, real estate, and personal property, goes through the legal process of probate. Probate is a process in which the court determines how the deceased’s estate is distributed among heirs and next of kin. This process takes place if the person died with a will or without one.
Probate Disputes
The death of a family member can create a lot of stress and confusion. Emotions are running high and disputes may crop up over even the slightest of details. This can lead to drawn-out court hearings and lawsuits. Dudley and Smith, P.A. has experienced attorneys who will help you navigate the probate process and will protect your rights if a dispute should arise.
Probate Disputes Mediation
If a dispute arises over a will (or a will contest), who should be appointed personal representative (or executor) of the estate, or any other dispute, then mediation is an excellent alternative to a trial. If you and those involved in the dispute are willing to give mediation a try, we have the methods to help you resolve these issues without resorting to trial. Mediation can result in reduced financial and emotional costs to all parties and offer a private and creative solution to your unique needs, which may not be offered through the traditional trial situation.
Probate Process FAQ
- Does the decedent’s estate need to be administered or probated?
- If the decedent had a will, is it necessary to probate the estate?
- If the decedent did not have a will, how is the estate probated?
- If the decedent did not have a will, who is entitled to the decedent’s assets?
- Who is responsible for paying the decedent’s bills?
- May the decedent’s home be sold or must it be distributed?
- What if the decedent owns real estate outside of Minnesota–how is that asset administered?
The answers to these questions depend on many factors, including:
- The type of assets that the decedent owned
- The provisions in the decedent’s will
- Statutory provisions that govern the administration of a decedent’s estate when there is no will
- The type and amount of the decedent’s debts
St. Paul Probate Lawyer
Michael J. Burke focuses on probate, real estate, estate planning and related litigation. With over 20 years of experience, Mike can help answer your questions about probate, including whether a probate proceeding is necessary or on how to best proceed after a family member or friend has died. If you have questions about probate or need help with the probate of a decedent’s estate, speak with an experienced St. Paul probate lawyer, by contacting St. Paul-based law firm Dudley and Smith, P.A. today at 651-291-1717.
