222 N. Second Street Suite 300
Minneapolis, MN 55401
Avoiding ProbateThe probate process in Minnesota is relatively simple. It costs less than in most states and can be quicker too. That being said, there are many reasons why individuals wish to avoid probate. For example, non-probate assets can be transferred almost immediately and those transfers are not public record. In addition, there are fewer steps in the process of distribution.
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Before you plan a romantic getaway without your kids, consider signing a Delegation of Parental Authority. This document allows parents to indicate who will care for their children if both parents become incapacitated. By delegating the parental authority, there is clear direction regarding who will care for the children until one or both parents regain capacity or until a guardian is appointed. The Delegation can be effective for a maximum of one (1) year and must be delivered to the named individual within thirty (30) days of execution.
Keep in mind that a Will is the only place where parents in Minnesota can name a guardian for minor children so it is important to have both an effective Will and a valid Delegation of Parental Authority. [warning: scare tactic ahead] If both parents die without a Will, the court will appoint a guardian without any guidance or direction from the recently deceased parents. For more information on this topic, see Attention All Parents: You Need a Will!
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