Minnesota Estate Administration Deskbook with PDF Forms on CD-ROM, 3rd Edition

Susan J. Link & Matthew Shea, Co-Editors

Table of Contents

 

CHAPTER ONE

Getting Started
Introduction; Minnesota Statutes; Glossary of Terms; Engagement Letters; Fees of Attorney for Personal Representative; Death Certificates; The Personal Representative; Jurisdiction, Venue and Pleadings; Probate vs. Non-Probate Assets; Attorney Tasks for Non-Probate Assets; Intestate Succession; Checklist of Initial Questions; Sample Engagement Letter; Table of Minnesota Heirship
- Andrea S. Breckner

 

CHAPTER TWO

Opening an Estate, Inventory and Disclaimers
Introduction; Choosing Formal or Informal Proceedings; Informal or Formal Proceedings; Informal Commencement – Minn. Stat. §§ 524.3-301– 524.3-311; Formal Administration – Minn. Stat. §§ 524.3-401– 524.3-505; The Personal Representative; The Initial Documentation; Inventory and Record Keeping; Selecting a Bookkeeping System; Special Administration; Distribution of Assets; Non-Ademption; Interim Orders; Disclaimers; Minor Heirs and Devisees; Conclusion; Foreign Consul List; Sample Filled Forms
- Susan J. Link, Matthew Shea & Cynthia R. Costello

 

CHAPTER THREE

Creditors’ Claims
Introduction; Definition of “Claims” – Minn. Stat. § 524.1-201(6); Assets Subject to Claims; Procedural Issues
- Mary E. Shearen

 

CHAPTER FOUR

Real Estate
Introduction; Powers of a Personal Representative with Respect to Interests in Real Estate; Management of Real Estate; Sale of Real Estate; Distribution of Interests in Real Estate; Special Situations for Real Estate; Environmental Issues for the Fiduciary; Appendix - Excerpts from Minnesota Title Standards, White Pages
- Christopher B. Hunt

 

CHAPTER FIVE

Taxation Issues
Final Individual Income Tax Return; Fiduciary Income Tax Preliminaries; Fiduciary Income Tax Calculation; Estate Tax Return; Gift Tax Returns; Generation-Skipping Transfer Tax; Assessment and Discharge; Resources; Conclusion; Exhibit A: Summary of 2001 Act Estate Tax Changes
- John R. Bedosky

 

CHAPTER SIX

Contests and Compromises and the Spousal Elective Share
Introduction; Will Construction; Will Contests; Settlement Agreements; Alternative Dispute Resolution in Contested Matters; Elective Share of Surviving Spouse; Forms
- Mary Alice Fleming & Cameron Seybolt

 

CHAPTER SEVEN

Closing and Distribution
Introduction; General Considerations; The Final Account; Informal Closing Procedures; Procedures in Formal Closings; Distribution of Assets; Distributions to Persons Under Disability, to Trustees, and to Devisees Refusing to Accept the Distribution or Unknown Devisees; Discharge of Personal Representative; Correction of Errors; Exhibits
- Alison J. Midden

 

CHAPTER EIGHT

Miscellaneous Procedures
Introduction; Collection of Personal Property by Affidavit; Summary Proceedings; Subsequent Administration; Determination of Descent; Notice of Homestead Claim; Sample Filled Forms
- Cindy J. Ackerman

 

CHAPTER NINE

Professional Responsibility
Introduction; Competence; Scope of Representation; Diligence and Communication; Attorney’s Fees; Conflicts of Interest; The Attorney as Witness; Dealing with the Court; Dealing with Unrepresented Persons
- Mary R. Vasaly

 

CHAPTER TEN
Ancillary Administration

Introduction; Domiciliary Personal Representative Acting Without Local Qualification; Foreign Personal Representative Bringing Civil Actions in Minnesota; Qualification by Domiciliary Representative as a Foreign Personal Representative in Minnesota; Local Administration in Minnesota of the Estate of a Nonresident Decedent; Tax Aspects of Ancillary Administration; Jurisdiction Over Ancillary and Foreign Personal Representatives; Effect of Adjudication; Index of Forms
- Cindy J. Ackerman

 

 Subject Index