There Still Hasn't Been a Will Reading. What Gives!

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So you have a loved one who died and there still hasn't been a will reading. In Minnesota, our probate code has no chapter, no rule about will readings. Sitting family members down to hear final wishes isn't required or even governed by laws, in the state of Minnesota.

So how do you know what's in a will, or even if there is one? Wills govern what happens and who controls property that doesn't automatically transfer to other people like life insurance or jointly owned property would. You'll need a probate process to transfer these "stuck" assets. That's where a will comes in. The will says where things should go and who manages those assets.

In Minnesota, next of kin are required to receive notice of probate proceedings if the probate asset includes real estate or is larger than $50,000.00. The next of kin can then find out if a will exists and what it says.

Will readings. They make for dramatic scenes in movies and TV. But, they're just not required or even common in the state of Minnesota.

(photo credit: Thanks hikingartist.com for allowing creative commons 2.0 use of your pic!)

Do You Need a New Form Power of Attorney?

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As of January 1^st, the Minnesota statutory short form power of attorney changed. The changes are mainly to provide notice to those acting on your behalf of their duty to act in your best interest and the limitations on their power. It also informs the person signing the power of attorney, what powers they're giving and how to revoke it if something goes wrong.

Under the new statute, the old form is no longer valid as a statutory form and should no longer be used to create a new document. However, power of attorney documents using the old form and signed before January 1^st are still valid documents.

If you have questions on the powers you've granted under a signed power of attorney or want to create a power of attorney, you should meet with a licensed attorney.


(photo credit: https://www.flickr.com/photos/zigazou76/5824384001/in/photolist-nfLkbn-dBR11y-f9kca-9oG38B-7Fvooa-dMpGn-hvwd3i-9ogs9R-cTX54W-gdNa2N-SQx6r-7yK62B-hqrczY-7C3CtW-7j1VmX-ojmkXd-kuVxyi-9SFurP-2GBqw-5YQFk4-5VxR5U-ds9yrY-87zRMG-9KJPh8-dC3Put-D9mZE-gip4J1-gpb93-42EvS-4TLGoA-bxt93q-akEoyE-5NwfZK-91Pdid-gJb1L-rmF84-e6Y9VP-kLgaNz-LdjhQ-4j6M1P-3iZxCW-eBVBB6-e3ro1-4RCUKy-7Cftnk-ndwYcB-5tWVCR-4YJpu-bqWuLw-b4tMb2
Thanks Frederic for allowing creative commons 2.0 use of your pic!)