Many families go out of their way to avoid probate, but why is it such a concern? In this episode, we explain what probate actually involves and why it often takes longer than people expect. From court petitions and hearings to mandatory waiting periods for creditor claims, you’ll learn why even the simplest probate usually lasts at least six months.

We also discuss some of the practical headaches probate can create, including added expenses, court fees, and complications with mortgaged property or ongoing businesses. In certain situations, delays in appointing someone to act can increase costs or disrupt important financial matters, adding stress during an already difficult time.

Finally, we cover one of the biggest drawbacks of probate: lack of privacy. Probate is a public process, meaning financial details and family matters can become part of the public record. If you want to understand probate better and explore ways to minimize these challenges, follow the show and take the next step toward planning with clarity and confidence.

If you own a business entity in Minnesota, there’s a simple but critical requirement you can’t afford to overlook. In this episode, we explain why annual renewals with the Minnesota Secretary of State are required for entities like LLCs, corporations, nonprofits, limited partnerships, and even assumed names.

You’ll learn what happens if this filing is missed, including how an entity can become statutorily dissolved and what it takes to fix the problem. We also discuss why this requirement often slips through the cracks for busy business owners and how staying compliant helps protect your business and its operations.

If you own or manage a Minnesota business, this is an important reminder to stay on track. Follow the show for more business and estate planning insights, and take action now to make sure your entity remains active and in good standing.

After a loved one dies, many families worry they will be personally responsible for unpaid bills and debts. In this episode, we explain the general rule under Minnesota law and why, in most cases, debts belong to the estate, not to family members. Understanding this distinction can prevent unnecessary stress and costly mistakes.

We walk through how debts are handled during probate, what happens when creditors file claims, and how assets are distributed only after valid debts are addressed. You’ll also learn what an insolvent estate is and why there is a specific legal order that determines which creditors get paid first when debts exceed assets.

Finally, we discuss important exceptions, including jointly held debts and certain obligations of surviving spouses. Before you pay any bill after a death, this episode will help you know when to pause and get guidance. Follow the show for more estate and probate insights and protect yourself by understanding your rights before taking action.

Estate taxes can be confusing, especially when both federal and Minnesota rules come into play. In this episode, we break down when estate tax is owed, how deadlines work, and why the timing is very different from regular income taxes. You’ll learn why estate tax is generally due nine months after death and how extensions affect filing but not payment.

We also explain key concepts like the marital and charitable deductions, which often mean estate tax isn’t owed until both spouses have passed. You’ll hear how Minnesota’s estate tax exemption works, what portion of an estate is actually taxed, and how rates are applied only to amounts above the exemption threshold.

If you want a clearer understanding of when estate tax applies and how families can prepare for it, this episode is a great place to start. Follow the show for more estate and tax planning insights, and take proactive steps now to protect your family from unexpected tax burdens.

Blended families face unique estate planning risks, and without a clear plan, the results can be devastating. In this episode, we walk through a real world scenario that shows how joint ownership and the lack of an estate plan can unintentionally disinherit children from a prior marriage and leave families shocked by the outcome.

You’ll learn how Minnesota’s intestacy laws work when someone dies without a will or trust, and why relying on joint ownership alone often causes all assets to flow to the surviving spouse and then only to their children. What feels simple during life can create lasting conflict after death when intentions were never clearly documented.

If you or someone you love is part of a blended family, this is a must listen. Follow the show for more estate planning guidance and take action now to protect your children, your spouse, and your legacy before it’s too late.

Many people assume that once they have a will, probate is off the table. In this episode, we clear up that common misconception and explain why a will alone does not avoid probate. You’ll learn what a will actually does, how a personal representative is appointed, and why court involvement is still required even when your wishes are clearly spelled out.

We walk through what probate looks like in practice, from the court hearing to the issuance of letters testamentary and the process of collecting assets, paying bills, and distributing property to beneficiaries. Understanding this process helps set realistic expectations and explains why probate can take time and involve added expense.

Finally, we cover the two primary ways probate can be avoided and the important details people often miss. From properly funding a revocable trust to understanding the limits of beneficiary designations, this episode will help you see how all the pieces fit together. Follow the show for more estate planning clarity and take the next step toward a plan that truly works the way you expect.

You’ve probably seen the term per stirpes in an estate plan and wondered what it actually means. In this episode, we break down this common but confusing distribution method in plain English, no Latin degree required. You’ll learn how assets are divided among children and grandchildren when someone passes away and why per stirpes is one of the most widely used approaches.

We also compare per stirpes with another method called per capita by generation. Through clear examples, we explain how these two approaches can lead to very different outcomes for families, especially when a child has passed away but grandchildren remain. Understanding the difference is key to making sure your assets are distributed the way you truly intend.

If you want clarity and confidence about how your estate will be divided, this episode is a must listen. Follow the show for more easy to understand estate planning insights and take the next step toward creating a plan that reflects your wishes and protects your family.

Transfer on death deeds and beneficiary designations are powerful tools, but they can dramatically change how your estate plan actually works. In this episode, we explain what transfer on death deeds are, how they operate, and why they often override the instructions in your will or trust, sometimes without people realizing it.

You’ll learn how assets like real estate, bank accounts, and investment accounts pass outside of your estate when they have joint owners or named beneficiaries. We also discuss common scenarios where these tools can unintentionally create unequal distributions among children or completely defeat the balance your estate plan was designed to achieve.

If you’ve added a transfer on death deed or beneficiary designation after completing your estate plan, this episode is a must listen. Follow the show for more estate planning insights and take the next step to make sure every part of your plan is working together the way you intended.

Many business owners are surprised to learn that their business interests can force their estate into probate. In this episode, we explain when probate is required in Minnesota and why it’s often something families try to avoid due to cost, delays, and public court filings.

We walk through the most common ways businesses trigger probate, including sole owner businesses, single member LLCs, and improperly titled business assets. You’ll learn how missing instructions, outdated operating agreements, or assets held in an individual name instead of a business entity can cause business interests to fall into an estate and require court involvement.

Finally, we discuss why reviewing operating agreements, ownership structure, and beneficiary planning is critical for business owners. With proper planning, business assets can pass smoothly to a spouse, trust, or surviving owners without unnecessary probate. Follow the show for more estate and business planning insights and take steps now to protect your business and your family from avoidable complications.

Once a child turns 18, they are legally an adult, even if they’re still relying on their parents for guidance and support. In this episode, we explain why that legal shift makes healthcare directives and powers of attorney essential for college aged children and young adults.

You’ll learn how a healthcare directive allows someone to step in and make medical decisions if a young adult can’t speak for themselves, and how a power of attorney covers important non medical matters like banking, insurance, and other financial decisions. Without these documents, parents may be unable to help during an emergency, even if the situation feels urgent and obvious.

Putting these documents in place is a simple but powerful way to protect your family and avoid unnecessary roadblocks during stressful moments. Follow the show for more practical estate planning guidance and take action now to make sure your young adult is covered when it matters most.

Many people are surprised to learn their estate plan includes two different powers of attorney. In this episode, we explain why both documents are used and how they work together. Think of them as overlapping tools, each designed to handle different situations and provide flexibility when you need it most.

We break down the role of the statutory power of attorney, why banks are comfortable with it, and where its limitations come into play. You’ll also learn why an additional ultra durable power of attorney is often necessary, especially for broader gifting authority, estate tax planning, medical assistance planning, and accessing digital accounts like online banking or email.

Understanding these documents helps ensure the right person can act on your behalf without unnecessary roadblocks. Follow the show for more clear explanations of essential estate planning tools and take the next step toward building a plan that truly works when it matters most.

Today, estate planning is more accessible than ever, with online forms, general practice attorneys, and financial advisors all offering solutions. In this episode, we explore the different ways people create estate plans and why choosing the right approach matters. You’ll hear why estate planning is often compared to do it yourself home repairs, and where that comparison falls short.

Unlike a bad home repair, a poorly prepared estate plan doesn’t show problems right away. Issues often surface only after death or incapacity, when it’s too late to fix them. We explain why estate planning is high stakes work, involving taxes, asset transfers, and decision making authority, and how a well designed plan can save families significant time, money, and stress.

A thoughtful estate plan is not just for you, it’s a gift to your loved ones. It can reduce confusion, minimize expenses, and bring peace of mind during an already difficult time. Follow the show for more estate planning insights, and take the next step toward protecting your family by working with experienced professionals who focus on getting it right.

Easements play a major role in how property can be used, but many owners are unclear on what they actually mean. In this episode, we break down what an easement is, why it exists, and how it allows someone else to use property they do not own. From access to waterfronts and driveways to utilities and shared resources, you’ll learn the most common types of easements and how they function.

We also explore how easements can be customized with specific terms, including limits on use, maintenance responsibilities, payment obligations, and whether the easement runs with the land for future owners. You’ll hear about both affirmative easements that allow use and negative easements that restrict how property can be developed, such as conservation easements or height restrictions that protect views.

Finally, we explain prescriptive easements and how long term, open use of property can sometimes create legal rights even without written permission. These situations can become complicated quickly and often lead to disputes if not addressed early. Follow the show for more real estate and estate planning insights and take the next step toward protecting your property rights with informed planning.

Leaving money to a minor child is common in estate planning, but doing it the wrong way can create expensive and unnecessary court involvement. In this episode, we explain why you should never name a minor child directly as a beneficiary and what can happen if you do.

We break down the difference between planning for large inheritances versus smaller, nominal gifts. You’ll learn when a trust makes sense and why Minnesota’s Uniform Transfers to Minors Act, often called UTMA, is usually the best solution for modest amounts. We explain how UTMA designations work, who manages the funds, and when the child ultimately gains control.

If you want to leave a meaningful gift to a minor without creating complications for your family, this episode will help you do it correctly. Follow the show for more estate planning guidance and take the next step to ensure your plan works exactly as intended.

Divorce is a major life event that can dramatically affect your estate plan, often in ways people don’t realize. In this episode, we explain what happens to wills and trusts after a divorce and how Minnesota law automatically treats references to a former spouse. You’ll learn why, even though the law may remove an ex spouse in certain situations, relying on default rules can still create unintended outcomes.

We also discuss why it’s critical to review the structure of your estate plan after a divorce. Many plans created during marriage include provisions designed specifically for spouses, such as marital trusts and tax planning strategies, that may no longer make sense once the marriage ends. Leaving these provisions untouched can complicate administration and undermine your goals.

Finally, we highlight one of the most commonly overlooked steps after divorce: updating beneficiary designations. Retirement accounts, life insurance, and other financial assets often pass outside of your will or trust and may still name a former spouse unless you take action. If you’ve gone through a divorce or a major life change, follow the show and take the next step to ensure your estate plan truly reflects your current wishes.

Creating an estate plan is only part of the process. In this episode, we discuss what information you should share with your family once your documents are signed. You’ll learn why it’s essential to communicate with the people named in your plan, such as trustees, powers of attorney, and healthcare agents, so they know their roles and where to find important documents.

We also cover practical details that can save your loved ones time and stress, including sharing a clear picture of your assets, the professionals you work with, and any strong wishes you have around medical care, finances, or end-of-life preferences. Clear communication now can prevent confusion and conflict later.

Finally, we explore when and why it may be helpful to talk with your broader family about inheritance decisions, sentimental items, pets, and past financial support. These conversations can bring clarity and peace of mind for everyone involved. Follow the show for more estate planning guidance and take steps today to make your plan easier for the people you care about most.

It’s tempting to make a quick handwritten change to your will or trust when life updates happen, but doing so can create serious legal problems. In this episode, we explain why crossing things out or adding notes directly to your estate planning documents can lead to confusion, disputes, and even invalidate your intended changes after death.

You’ll learn what actually makes an amendment legally valid and why informal edits, even if they seem minor, often cause more harm than good. We also share a simple, safe way to prepare for updates by organizing your thoughts without altering the original documents.

If your estate plan no longer reflects your current wishes, the solution isn’t a pen, it’s a proper review. Follow the show for more estate planning guidance and take the next step toward keeping your plan clear, current, and legally sound.

After a loved one passes away, it’s common for beneficiaries to wonder why distributions haven’t happened yet. In this episode, we explain the behind-the-scenes steps that must be completed before an estate can be wrapped up, starting with final income tax filings and required waiting periods built into the probate process.

You’ll learn how creditor claim periods, real estate sales, and the need to settle outstanding bills can significantly slow things down. We also discuss how probate timelines are designed to protect everyone involved, ensuring debts are paid and no unexpected claims surface after assets are distributed.

Finally, we dive into how estate tax filings and potential audits can extend the timeline even further, sometimes well beyond a year. Understanding these requirements can ease frustration and set realistic expectations during a difficult time. Follow the show for more clarity on estate and probate topics, and reach out if you need guidance navigating an estate from start to finish.

Many people assume trusts are only for those with very high net worth, but asset size is just one piece of the puzzle. In this episode, we break down why the decision to create a revocable trust depends on more than just how much you own. You’ll learn why the type of assets you have, such as real estate in multiple states or business interests, can be just as important as the total dollar amount.

We also discuss key Minnesota specific considerations, including the state estate tax threshold and how trusts can help avoid probate delays and reduce estate taxes for larger estates. You’ll hear why beneficiary designations alone are not always enough and when a trust can offer stronger protection and smoother administration for your family.

Finally, we explore how age, health, and the risk of incapacity factor into the decision. Trusts are not only about what happens after death, but also about managing assets during life if incapacity occurs. If you’re wondering whether a trust makes sense for you now or in the future, follow the show for more estate planning guidance and take the next step toward building the right plan for your situation.

One of the most common questions families have after a loss is how long probate will take. In this episode, we walk through the probate timeline and explain why most cases take at least six months, and often longer. You’ll get a clear overview of what happens from the moment a probate petition is filed through the initial court hearing.

We break down the key stages that impact timing, including notice requirements, court scheduling, and the four month creditor period that must run before an estate can move forward. You’ll also learn why delays can occur, how emergency situations are handled, and what role inventories and final accounting play before assets can be distributed.

If you want realistic expectations about probate and a better understanding of why the process takes time, this episode will help. Follow the show for more clear explanations of estate and probate topics, and take the first step toward navigating the process with confidence.