When someone dies without a will, it is known as dying intestate. In such cases, state law (of the state in which the person resides) governs how the person's estate is administered. In most states, the individual's assets are split -- with one third of the estate going to the spouse and all surviving children splitting the rest. For people who leave...
Lewis Kannegieter Law, Ltd. Blog
Estate planning, elder law, family transitions, business planning – the legal issues that affect your family are always evolving. Jennifer writes regularly to keep you informed, educated, and empowered. Browse the latest articles below, or search by topic to find what you’re looking for.
Preserving and Protecting Documents Is Part of Healthy Estate Planning
In the unsettled time after a loved one’s death, imagine the added stress on the family if the loved one died without a will or any instructions on distributing his or her assets. Now, imagine the even greater stress to grieving survivors if they know a will exists but they cannot find it! It is not enough to prepare a will and other estate planning...
Common Estate Planning Myths
Estate planning is a powerful tool that among other things, enables you to direct exactly how your assets will be handled upon your death or disability. A well-crafted estate plan will ensure you and your family avoid the hassles of guardianship, conservatorship, probate or unpleasant estate tax surprises. Unfortunately, many individuals have fallen victim...
Important Issues to Consider When Setting Up Your Estate Plan
Often estate planning focuses on the “big picture” issues, such as who gets what, whether a living trust should be created to avoid probate, and tax planning to minimize gift and estate taxes. However, there are many smaller issues, which are just as critical to the success of your overall estate plan. Below are some of the issues that are often overlooked...
How Much of Your Estate Will Be Left Out of Your Will? (It’s Probably More Than You Think)
You’ve hired an attorney to draft your will, inventoried all of your assets, and have given copies of important documents to your loved ones. But your estate planning shouldn’t stop there. Regardless of how well your will is drafted, if you do not take certain steps regarding your non-probate assets, you run the risk of unintentionally disinheriting your...
Overview of Life Estates
Establishing a Life Estate is a relatively simple process in which you transfer your property to your children, while retaining your right to use and live in the property. Life Estates are used to avoid probate, maximize tax benefits and protect the real property from potential long-term care expenses you may incur in your later years. Transferring...
What is involved in serving as Personal Representative?
A Personal Representative (also known as an Executor) is the person designated in a Will as the individual who is responsible for performing a number of tasks necessary to wind down the decedent’s affairs. Generally, the Personal Representative’s responsibilities involve taking charge of the deceased person’s assets, notifying beneficiaries and creditors,...
What Does a Personal Representative Do?
A Personal Representative (also known as an Executor) is responsible for the administration of an estate. A Personal Representative is nominated in the Will (if there is one) and confirmed by the Court in a probate proceeding. If there is no Will a Personal Representative will be appointed by the Court based upon laws that determine who has priority to...
Do Heirs Have to Pay Off Their Loved One’s Debts?
We live in a society where most of us carry at least some debt, right up through the end of our life. So what happens to this debt after death? Are you one of many Americans concerned that, rather than inheriting wealth from a loved one, you will instead inherit bills? The good news is, you probably won’t have to pay them. As you are dealing with the...
Coordinating Property Ownership in Your Estate Plan
Considering how you hold title to your real and personal property, as well as any beneficiary designations you have created, is a key piece to Total Estate Planning. The title and your designated beneficiaries will control how your real estate, bank accounts, retirement accounts, vehicles and investments are distributed upon your death, regardless of...
Veterans’ Non-Service Connected Pension Benefits
The Veterans’ Administration’s non-service connected pension program can help supplement the income of elderly or disabled veterans. The VA deems any veteran age 65 or older to be permanently and totally disabled. This “disabled” classification entitles senior citizens who are veterans, or their widows, to tax-free pension payments regardless of their...
Working with a Minnesota Probate Attorney to Understand the Steps of the Process
Even if someone has a will in place, it’s still likely that his or her estate should be overseen by a good probate or estate attorney in Minnesota. These professionals understand the incredibly complex process that goes along with closing out someone’s estate after he or she has passed away. Those who have worked with an estate planning lawyer can...



