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When Is Probate Required?

Probate is the legal process of identifying the assets of someone who is recently deceased and distributing the remaining property.  Assets are distributed according to the deceased person’s wishes, as laid out in a Will, or in the absence of a Will, according to Minnesota law.  Minnesota law gives property to the closest relatives to the deceased, typically a spouse and children.  If the deceased has no spouse or children, then the property passes on to any living grandchildren, parents, brothers and sisters and on down the line to more distant relatives.  If there are no relatives located then the

2014-10-02T20:28:32-05:00October 2nd, 2014|Elder Law, Family Law, Probate Law|

Protecting the Elderly

Minnesota law seeks to protect the elderly against abuse.  Minnesota has several laws, both civil and criminal, with the goal of protecting the elderly from abuse.  Minnesota also mandates that certain people must report abuse when they witness it to the proper authorities, such as the police.  For example, social workers and clergy members are mandated reporters of abuse in Minnesota. One law that protects the elderly in Minnesota is the Minnesota Vulnerable Adults Act.  The Minnesota Vulnerable Adults Act identifies three kinds of mistreatment of the elderly.  The first type of mistreatment identified is physical abuse, which is probably

2014-10-02T20:21:58-05:00October 2nd, 2014|Elder Law|
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