When a loved one passes away and their home is in probate, a common question is whether the property can still be sold, especially in a strong real estate market. The short answer is yes, but the process looks different than a typical sale.
This episode explains how selling a house in probate works, including the need for a court to appoint a personal representative before the property can be sold. You will learn why probate can delay a closing, what buyers need to know upfront, and how proper planning can make the process smoother for families.
It also covers planning options that can help avoid these delays altogether, such as trust-based estate planning or transfer-on-death deeds, which allow real estate to pass outside of probate and be sold more efficiently.
If you are dealing with a probate sale or want to make things easier for your family in the future, contact Yanowitz Law Firm for help. Our team can guide you through probate, real estate transactions, and estate planning to protect your goals and reduce stress for your loved ones.
Property records are public documents, which makes buying and selling real estate transparent and accessible. Unfortunately, that same transparency has also created opportunities for scams that target new property owners using official looking letters and misleading language.
In this episode, you will learn about a common property record scam where homeowners receive notices claiming their deed is invalid or requires an extra payment to remain effective. These letters often request a small fee to obtain a copy of a deed that has already been recorded and is usually provided by the title company or attorney handling the closing.
If you receive a suspicious notice or are unsure whether a document is legitimate, do not act alone. Contact Yanowitz Law Firm for guidance before sending payment or responding. This episode can help you spot the red flags, and our team is here to help you protect your property and your peace of mind.
A will is an essential estate planning document, but putting the wrong things in it can cause confusion, delays, and unintended consequences. This episode explains what does not belong in a will and why certain instructions are better handled elsewhere.
You will learn why beneficiary designations for retirement accounts, life insurance, and annuities should never be written directly into a will, and how doing so can override your intentions. The episode also discusses why personal explanations, family messages, and emotional rationales should be kept out of wills, especially since wills often become public documents during probate.
Finally, this episode clarifies common misconceptions about disinheriting someone, leaving token gifts, and including medical or end of life instructions. If you want your will to be clear, effective, and legally sound, listen in and take the next step by reviewing your estate plan or scheduling a conversation with an estate planning professional today.
Trusts are powerful planning tools, but small missteps can create major problems down the road. This episode walks through seven common and costly mistakes people make with their trusts, including failing to retitle assets, misunderstanding how retirement accounts work, and assuming a trust automatically avoids every risk.
You will learn why revocable trusts do not protect assets from nursing home costs, lawsuits, or divorce, and why do it yourself trust planning often leads to unintended consequences. The episode also highlights the importance of planning for contingencies, such as beneficiaries who pass away before you do, and how overlooking these details can trigger probate or family disputes.
Finally, this episode explains why keeping your trust updated is just as important as creating it in the first place. Life changes, laws change, and your estate plan should evolve too. If you want to avoid surprises and make sure your trust works the way you intend, this episode is a must listen.
Leaving an inheritance to someone who struggles with addiction requires thoughtful planning and careful decision making. This episode explores five key considerations that can help protect both the individual receiving assets and the long-term intentions behind the gift.
Topics include deciding how much to leave and whether the inheritance should be equal, greater, or smaller than other beneficiaries. The discussion also covers whether assets should be given outright or held in trust, and how restrictive or flexible those trust terms should be to balance support with protection.
You will also learn why choosing the right trustee is critical, how to handle beneficiaries such as grandchildren, and why these plans should be reviewed regularly as circumstances change. This episode provides guidance for families navigating a sensitive situation while aiming to provide stability, dignity, and long-term care through estate planning.
Estate planning is one of the easiest things to put off, yet one of the most important steps you can take to protect your family. Starting the new year with an updated will or trust helps ensure your wishes are clear, your loved ones are supported, and unnecessary stress is avoided during an already difficult time.
Having a proper estate plan in place can make the process after death simpler, faster, and more private. It can reduce court involvement, help assets transfer smoothly, and prevent delays or confusion when handling property, finances, and personal matters.
Life changes over time, and plans created years ago may no longer reflect current circumstances. Making estate planning a priority now provides peace of mind and gives your family the clarity and protection they deserve.
Buying a home is exciting, but the closing process can feel overwhelming if you don’t know what to expect. In this episode, we walk through what a buyer’s closing actually looks like, starting with the purchase agreement and moving step by step through the transaction. You’ll learn how key terms are set, how timelines work, and what happens behind the scenes once an offer is accepted.
We explain the role of title work in protecting buyers, including how ownership is verified, liens and mortgages are handled, and restrictions or easements are identified. You’ll also hear how settlement statements are prepared, how funds are balanced down to the penny, and what happens on the day of closing when documents are signed and recorded.
Finally, we cover what happens after closing, including follow-up checks and the issuance of title insurance to protect your ownership. If you’re buying a home and want clarity and confidence throughout the process, follow the show and take the next step toward a smooth, well-protected closing.
Letting friends, family, or others use your land for activities like hunting, ATV riding, snowmobiling, or horseback riding may feel informal, but it can carry serious legal risk. In this episode, we explain why written leases are just as important for recreational uses as they are for traditional rentals like homes or farmland.
You’ll learn how a properly drafted lease can protect landowners from liability if someone is injured on the property, even when no money changes hands. We also discuss how written agreements can clearly define who is allowed on the land, when they can be there, and what activities are permitted, helping prevent misunderstandings and disputes down the road.
Finally, we cover key provisions to consider when money is involved, including termination rights and what happens if the rules are broken. If you own land and want to protect yourself, your family, and your property, follow the show and take the next step toward putting the right protections in place.
Owning a dental practice brings unique planning challenges, especially when it comes to the future of the business. In this episode, we walk through the key questions every dental practice owner should be asking, including whether to retire, sell, or plan for a transition at death. Without a clear succession plan, families and partners can be left with financial strain and difficult decisions.
We explore why buy-sell agreements are so important for practices with partners and how professional ownership rules affect who can step in or buy out an interest. You’ll also learn how valuation, exit strategies, and funding mechanisms all play a role in ensuring a smooth transition rather than a disruptive one.
Finally, we discuss common tools used to fund succession plans, including insurance strategies designed to provide liquidity when it matters most. If you own a dental practice and want to protect your family, your partners, and your legacy, follow the show and reach out to start building a plan that works for your future.
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.