What is Probate?The law firm of Kallemeyn & Kallemeyn specializes in probate law. You may already know that you are in need of a probate attorney, but you may not really understand exactly what the term means. We can help you answer the question, “What is Probate?”. While it can be a complicated process, probate is the legal process of determining the distribution and possession of assets and how debts will be paid after a person dies. We can help simplify the probate process for you and help you navigate the process with less overall stress.

When a family member dies, state law requires that the person’s estate must be settled. If your family member who died had titled assets—such as an automobile, stock or mutual funds, homes, even airplanes—possession of and/or responsibility for those items will need to be resolved. Probate is the process for determining possession and responsibility, and it applies to any item of value that the deceased family member did not designate a specific beneficiary.

Navigate the Probate Process with Less Stress

As you can imagine, there are numerous issues pertaining to the probate process that can arise following the death of a family member. Many of us may recognize the battles that some surviving family members have over cherished items that were owned by our deceased loved-one. It may be an item of jewelry to which multiple people feel entitled. It may be a meticulously maintained vintage sports car that multiple relatives imagine themselves driving. Or it may be a more mundane question about stock certificates and which surviving family member will take possession of them. If one or more possessions of a deceased loved-one did not have a designated beneficiary, probate may be required to resolve the questions of ownership and responsibility.

It could be helpful at this point to clarify what is not subject to the probate process. Jointly owned items (for example, a car in the name of both spouses), joint bank accounts, retirement plans, life insurance, and other assets covered by a trust are not subject to probate. Ownership and responsibility for such items have already been determined, obviating the probate process.

Experienced Probate Attorney, MN

After the loss of a family member and having to respond to probate-related questions, you may wonder why probate is necessary. Because of our society’s view on the value of estates, fairness dictates that the properties that make up an estate be resolved, whether by assigning ownership of physical property to one relative or the task of paying off a debt to another relative. And because probate can quickly become complex, it is necessary to work with an attorney who possesses the experience and expertise needed to reach resolution, and the team at Kallemeyn & Kallemeyn has both.

Contact us at (763) 427-5131 to make an appointment with a member of our team.