LinkedLaw Deskbook
ITEM #:  60094000   |   PUBLISHED:  FEBRUARY 5, 2020

Minnesota Estate Administration Deskbook with CLEPro, 5th Edition

Edited by Susan J. Link

The 5th Edition of the Minnesota Estate Administration Deskbook puts all of the latest and best information on estate administration in Minnesota in one place. With the invaluable help of Editor Susan J. Link and our outstanding roster of expert paralegals and attorneys, we have raised the standard for Minnesota’s premier probate and estate practice manual – more practice tips, more forms, more convenience!

Every Minnesota Estate Administration Deskbook purchase includes a subscription to Minnesota CLE's automated CLEPro Probate Document System. (For complete information about this product, visit the CLEPro section of our website.) It’s a match made in time-saving heaven: The manual contains everything you need to know about using forms to administer a probate, and CLEPro lets you do it faster than you ever thought possible. An outstanding value, this bundle is bringing probate and estate practice to a new level – hop on board today!  

  • Hard Copy Purchasers: Instructions on obtaining your free CLEPro subscription will be mailed to you with your hard copy. The CLEPro subscription extends from the time of activation until the next update or edition is issued.
  • LinkedLaw Purchasers: Please call Minnesota CLE at 800-759-8840 to activate your CLEPro subscription. The CLEPro subscription extends from the time of activation until your LinkedLaw subscription expires. 

The 2020 Update to the Minnesota Estate Administration Deskbook brings your Minnesota Estate Administration Deskbook up-to-date, with revisions to 10 of 11 chapters, including more robust coverage of insolvent estate handling, updated eFiling guidance, significant revisions to the tax chapter, and a fully-updated Table of Authorities.

Purchase the hard copy and receive a coupon code to purchase the corresponding LinkedLaw eDeskbook for only $50! Code will be sent to you with your hard copy.

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 Versus Non-Probate Assets; Attorney Tasks for Non-Probate Assets; Intestate Succession; Appendix A: Checklist of Initial Questions; Appendix B: Minnesota Attorney General’s Table of Minnesota Heirship; Appendix C: Attorney-Client Agreement for Probate Administration; Appendix D: Minnesota Death Certificate Application; Appendix E: Client Intake Form
– Andrea S. Breckner

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; “eFiling” with the Court; Inventory and Record-Keeping; Distribution of Assets; Non-Ademption; Interim Orders; Disclaimers; Minor Heirs and Devisees; Conclusion; Appendix A: Foreign Consul List; Appendix B: Certificate of Representation; Appendix C: Sample CLEPro Forms
 Susan J. Link & Cynthia R. Costello

Creditors’ Claims
Introduction; Definition of “Claims” – Minn. Stat. § 524.1-201(8); Assets Subject to Claims; Procedural Issues
 William R. Asp

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
 Christopher B. Hunt

Taxation Issues
Final Individual Income Tax Return; Fiduciary Income Tax Preliminaries; Fiduciary Income Tax Calculation; Estate Tax Returns; The Minnesota Estate Tax Return; Portability; I.R.C. § 6166 Deferral; I.R.C. § 303 Redemption; Generation-Skipping Transfer Tax; Assessment and Discharge; Resources; Conclusion
 Michael P. Sampson & Robert E. Lynn

Estate Litigation
Introduction; Litigation Basics Applicable to Probate Disputes; Disputes Concerning the Construction of a Testamentary Instrument; Disputes Concerning the Validity of a Testamentary Instrument; Disputes Involving Surviving Spouse’s Right to an Elective Share; Resolving Contested Matters Through Settlement; Litigation By and Against a Personal Representative; Alternative Dispute Resolution in Contested Matters; Forms
 Katherine A. Charipar & Emily A. Unger

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; Appendix A: Forms
 Alison J. Midden

Miscellaneous Procedures
Introduction; Collection of Personal Property by Affidavit; Special Administration; Summary Proceedings; Subsequent Administration; Determination of Descent; Appendix A: Notice of Homestead Claim
 James R. Thomson & Tina M. Johnson

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; Compliance with Rules for Tax Practitioners
 Julian Zebot & Diana L. Marianetti

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
 James R. Thomson & Tina M. Johnson

Review of Recommended Orders, Post-Trial Motions, and Appeals in Estate Litigation
Introduction; Review of a Referee’s Recommended Order; Post-Trial Motions to Amend and for a New Trial; Appeals to the Minnesota Court of Appeals; Appeals to the Minnesota Supreme Court; Conclusion
 Julian C. Zebot & Diana L. Marianetti

Table of Authorities
Subject Index
CLEPro Automated Document System Information

  • Acceptance of Appointment as Successor Trustee (Chapter 7)
  • Affidavit of Trustee (Chapter 7)
  • Assignment of a Vehicle to a Surviving Spouse/Not Subject to Probate (Chapter 7)
  • Attorney-Client Agreement for Probate Administration (Chapter 1)
  • Certificate of Trust (Chapter 7)
  • Checklist of Initial Questions (Chapter 1)
  • Client Intake Form (Chapter 1)
  • Minnesota Death Certificate Application (Chapter 1)
  • Notice of Homestead Claim (Chapter 8)

More than 200 automated forms in the following categories (see the CLEPro section of our website for a complete list):

  • General 
  • Informal Probate
  • Formal Probate 
  • Interim and Partial Distribution
  • Special Administration and Personal Representative
  • Claims and Elections 
  • Inventory and Closing 
  • Real Estate Deeds
  • Summary Procedure
  • Ancillary Proceeding

LINKEDLAW + CLEPro SUBSCRIPTION:  $125 for 1-year subscription

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