Compassionate Legal Guidance Free Consultations with Experienced Attorney 	Initiation of Formal Probate Proceedings & Informal Probate Proceedings 	Appointment of Personal Representative 	Will & Trust Contests 	Probate Disputes, including Undue Influence and Incapacity 	Complex Probate Litigation 	Preparation of Estate Tax Returns, Final Returns of Decedents, Gift Tax Returns, and Estate Returns 	Representation of Interested Parties 	Removal of Personal Representative 	Preparation of Probate Forms, including Inventories and Accountings 	Re-Opening of Probabte Proceedings 	Non-Probate Asset Transfers
Probate & Estate Attorneys
Molinaro Davis Law PLLC
2809 Cliff Road East, Suite 100 Burnsville, Minnesota 55337
The process of administering a loved one’s estate can be complex and overwhelming, especially when you are grieving.  Our attorneys have the knowledge and experience to help you through the process.  Our attorneys serve as compassionate advisors through the entire process.  Clients can be rest assured knowing the probate proceedings are being handled by competent advisors.    Our attorneys provide free consultations for probate cases.  They sit down with prospective clients and explain the probate process.  Probate involves the court process of identifying, cataloging, accounting, and distributing the assets of a deceased person.  Probate can be required even if the deceased person left a will.  The process is complex and time consuming and for that reason, many personal representatives hire an attorney to help them navigate the court process.  Attorney fees can usually be paid directly from the estate, so there are no out of pocket costs for the personal representative.  In addition, personal representatives must comply with strict statutory requirements and deadlines.  In some cases, personal representatives can be subject to personal liability for mismanagement of  an estate.  Also, an attorney is paid from the estate and in many cases, it is more cost beneficial for a personal representative to hire an attorney than try to perform the work themselves.  Our experienced attorneys have handled all types of probate matters, including non-contested and contested matters.   Our attorneys assist clients through the entire probate process, from beginning to end, including the filing of any necessary tax returns.   Our attorneys also routinely handle complex probate litigation.   In addition to representing personal representatives, we also represent other interested parties, including those who desire to challenge a will and/or trust.  Our attorneys have also served as professional personal representatives in probate proceedings.  You can call us at (651) 705-8800 to set up a free consultation or use the contact form above.  You can also email us at atty@molinarodavis.com.  We look forward to working with you.  
The foregoing is meant to be general guidance and does not constitute legal advice.  Please contact our firm at (651) 705-8800 to discuss your specific questions regarding probate or fill out the form above. Serving the entire metro area, including, but not limited to, Dakota County, Ramsey County, Hennepin County, Carver County, Scott County, Washington County, Rice County, Burnsville, Eagan, Lakeville, Apple Valley, Rosemount, Mendota Heights, South St. Paul, West St. Paul, Inver Grove Heights, Savage, Bloomington,  Farmington, Prior Lake, Mendota, Lilydale, St. Paul, Minneapolis, Richfield, and Shakopee.

Frequently Asked Questions

             Website: www.molinarodavis.com  Email: atty@molinarodavis.com
Molinaro Davis Law PLLC  |  2809 Cliff Road East, Suite 100| Burnsville, MN | 55337 | Tel: (651) 705-8800 | Fax: (651) 705-8803

What is probate?

My spouse died.  What does the probate process entail?

Probate is a legal proceeding.

Probate is the legal process of safeguarding the assets of the estate, paying creditors, filing tax returns, and distributing the estate assets to the rightful recipients.  Typically, a personal representative is appointed and is in charge of these tasks.

Does the estate have to go through probate?

My husband died.  Does his estate have to go through probate?

It depends.

Probate is not always required.  If it is a small estate ($50,000 or less), probate may not be required.  If all of the assets involved in the estate automatically transferred to beneficiaries upon death, probate may not be required.  However, there may still be a requirement to file tax returns for the decedent and/or the estate.  You should contact Ms. Molinaro or Ms. Davis to discuss the specific estate assets involved in your loved one’s estate before deciding whether or not probate is required.  Even if probate is not required, we can assist you with filing any necessary tax returns.

Who is the executor?

My mother died; who is the executor of her estate?

It depends.

The personal representative (or executor) is typically appointed by the court and is typically the party named in the will.  If there is no will, you can request to be appointed as personal representative.  If you do not agree with the appointment of a certain person as personal representative, you can file paperwork with the court to dispute the appointment.

Who pays for probate?

My father died; who pays for the costs of probate?

Generally the estate pays for the costs of probate.

The estate usually pays for the legal fees associated with probate (and other ancillary costs).  If you are contesting actions of the personal representative, you might be responsible for your legal costs, but the estate may be responsible in certain situations.

Who inherits if there is no will?

My mother died without a will.  Who will inherit her property?

If someone dies without a will, their estate is considered intestate.

If someone dies without a will, their estate is intestate.  Their property passes according to the intestacy statute.  A surviving spouse has certain rights and typically inherits the bulk of the property (depending on whether there are surviving children).  Children typically come next, followed by parents, siblings, etc. 

Can I disinherit my spouse or children?

My wife and I have been separated for many years.  If I die, will she get anything?  I’d also like to disinherit one of my children.

You can disinherit a child but not a spouse.

You cannot disinherit a spouse in Minnesota.  Your surviving spouse will be entitled to an elective share of your estate, which depends on the length of the marriage.  However, you can disinherit children in Minnesota, but must have a will or trust in place to do so. 

How can I avoid probate?

Probate can be costly and time consuming.  My mom’s estate just went through probate and I’d like to avoid it for my estate.  How can I do that?

You can implement estate planning to avoid probate.

There are two commons ways to avoid probate.  The first is to set up a trust (either testamentary or inter vivos).  In most cases, a trust will not have to go through probate.  A second way to avoid probate is to set up beneficiary designations on your assets, including your home.  Our firm assists clients with estate planning and avoiding probate. 
A A A A A A A
CLIENT & COLLEAGUE REVIEWS “Ms. Molinaro was a pleasure to work with.  She kept me informed promptly of any new developments in our case.  She is wise and respectful and always steered me in the right direction.  I feel very fortunate to have had the pleasure to having Ms. Molinaro as an attorney and would recommend her as a competent, resourceful ethical legal advisor.” “Kristin is very experienced in family law.  She can take your case from beginning to end.  Very professional.” “My Husband and I truly Thank Teresa Molinaro for ever thing she did for us, when she took our case she seen we were confused and didn’t know what was going on and didn’t know what to do, Teresa told us not to worry that she would handle everything, and she did just that!  she kept us informed.  She took a heavy weight off of us, Words could not be enough for what she did for us.  We Thank her!  Thank her so much.  If you are looking for a Lawyer to get the job done....She’s the best person for the job!!  You will not be disappointed.” “Kristin Davis is a very thorough attorney.  She is smart and provides no nonsense advice to her clients.  She pays attention to detail and doesn’t miss anything.  She is a great attorney.  You won’t regret hiring Kristin.” “Teresa Molinaro is as thoughtful and thorough as she is insightful and professional.  She took on my complicated legal case, did her research and sought outside advice when appropriate.  Her follow through was excellent, and although I don’t yet know the outcome of my case, I do know that I have the very best attorney working for me!” “I endorse Teresa Molinaro wholeheartedly. Her business acumen and interpersonal skills make her a formidable advocate, and a pleasure to know and work with.”
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Twin Cities: (651) 705-8800

Compassionate Legal Guidance Free Consultations with Experienced Attorney 	Initiation of Formal Probate Proceedings & Informal Probate Proceedings 	Appointment of Personal Representative 	Will & Trust Contests 	Probate Disputes, including Undue Influence and Incapacity 	Complex Probate Litigation 	Preparation of Estate Tax Returns, Final Returns of Decedents, Gift Tax Returns, and Estate Returns 	Representation of Interested Parties 	Removal of Personal Representative 	Preparation of Probate Forms, including Inventories and Accountings 	Re-Opening of Probabte Proceedings 	Non-Probate Asset Transfers
Molinaro Davis Law PLLC
2809 Cliff Road East, Suite 100 Burnsville, Minnesota 55337
The process of administering a loved one’s estate can be complex and overwhelming, especially when you are grieving.  Our attorneys have the knowledge and experience to help you through the process.  Our attorneys serve as compassionate advisors through the entire process.  Clients can be rest assured knowing the probate proceedings are being handled by competent advisors.    Our attorneys provide free consultations for probate cases.  They sit down with prospective clients and explain the probate process.  Probate involves the court process of identifying, cataloging, accounting, and distributing the assets of a deceased person.  Probate can be required even if the deceased person left a will.  The process is complex and time consuming and for that reason, many personal representatives hire an attorney to help them navigate the court process.  Attorney fees can usually be paid directly from the estate, so there are no out of pocket costs for the personal representative.  In addition, personal representatives must comply with strict statutory requirements and deadlines.  In some cases, personal representatives can be subject to personal liability for mismanagement of  an estate.  Also, an attorney is paid from the estate and in many cases, it is more cost beneficial for a personal representative to hire an attorney than try to perform the work themselves.  Our experienced attorneys have handled all types of probate matters, including non-contested and contested matters.   Our attorneys assist clients through the entire probate process, from beginning to end, including the filing of any necessary tax returns.   Our attorneys also routinely handle complex probate litigation.   In addition to representing personal representatives, we also represent other interested parties, including those who desire to challenge a will and/or trust.  Our attorneys have also served as professional personal representatives in probate proceedings.  You can call us at (651) 705-8800 to set up a free consultation or use the contact form above.  You can also email us at atty@molinarodavis.com.  We look forward to working with you.
The foregoing is meant to be general guidance and does not constitute legal advice.  Please contact our firm at (651) 705-8800 to discuss your specific questions regarding probate or fill out the form above. Serving the entire metro area, including, but not limited to, Dakota County, Ramsey County, Hennepin County, Carver County, Scott County, Washington County, Rice County, Burnsville, Eagan, Lakeville, Apple Valley, Rosemount, Mendota Heights, South St. Paul, West St. Paul, Inver Grove Heights, Savage, Bloomington,  Farmington, Prior Lake, Mendota, Lilydale, St. Paul, Minneapolis, Richfield, and Shakopee.

Frequently Asked Questions

             Website: www.molinarodavis.com  Email:
Molinaro Davis Law PLLC  |  2809 Cliff Road East, Suite 100| Burnsville, MN

What is probate?

My spouse died.  What does the probate process entail?

Probate is a legal proceeding.

Probate is the legal process of safeguarding the assets of the estate, paying creditors, filing tax returns, and distributing the estate assets to the rightful recipients.  Typically, a personal representative is appointed and is in charge of these tasks.

Does the estate have to go through probate?

My husband died.  Does his estate have to go through probate?

It depends.

Probate is not always required.  If it is a small estate ($50,000 or less), probate may not be required.  If all of the assets involved in the estate automatically transferred to beneficiaries upon death, probate may not be required.  However, there may still be a requirement to file tax returns for the decedent and/or the estate.  You should contact Ms. Molinaro or Ms. Davis to discuss the specific estate assets involved in your loved one’s estate before deciding whether or not probate is required.  Even if probate is not required, we can assist you with filing any necessary tax returns.

Who is the executor?

My mother died; who is the executor of her estate?

It depends.

The personal representative (or executor) is typically appointed by the court and is typically the party named in the will.  If there is no will, you can request to be appointed as personal representative.  If you do not agree with the appointment of a certain person as personal representative, you can file paperwork with the court to dispute the appointment.

Who pays for probate?

My father died; who pays for the costs of probate?

Generally the estate pays for the costs of probate.

The estate usually pays for the legal fees associated with probate (and other ancillary costs).  If you are contesting actions of the personal representative, you might be responsible for your legal costs, but the estate may be responsible in certain situations.

Who inherits if there is no will?

My mother died without a will.  Who will inherit her property?

If someone dies without a will, their estate is considered intestate.

If someone dies without a will, their estate is intestate.  Their property passes according to the intestacy statute.  A surviving spouse has certain rights and typically inherits the bulk of the property (depending on whether there are surviving children).  Children typically come next, followed by parents, siblings, etc. 

Can I disinherit my spouse or children?

My wife and I have been separated for many years.  If I die, will she get anything?  I’d also like to disinherit one of my children.

You can disinherit a child but not a spouse.

You cannot disinherit a spouse in Minnesota.  Your surviving spouse will be entitled to an elective share of your estate, which depends on the length of the marriage.  However, you can disinherit children in Minnesota, but must have a will or trust in place to do so. 

How can I avoid probate?

Probate can be costly and time consuming.  My mom’s estate just went through probate and I’d like to avoid it for my estate.  How can I do that?

You can implement estate planning to avoid probate.

There are two commons ways to avoid probate.  The first is to set up a trust (either testamentary or inter vivos).  In most cases, a trust will not have to go through probate.  A second way to avoid probate is to set up beneficiary designations on your assets, including your home.  Our firm assists clients with estate planning and avoiding probate. 
A A A A A A A
CLIENT & COLLEAGUE REVIEWS “Ms. Molinaro was a pleasure to work with.  She kept me informed promptly of any new developments in our case.  She is wise and respectful and always steered me in the right direction.  I feel very fortunate to have had the pleasure to having Ms. Molinaro as an attorney and would recommend her as a competent, resourceful ethical legal advisor.” “Kristin is very experienced in family law.  She can take your case from beginning to end.  Very professional.” “My Husband and I truly Thank Teresa Molinaro for ever thing she did for us, when she took our case she seen we were confused and didn’t know what was going on and didn’t know what to do, Teresa told us not to worry that she would handle everything, and she did just that!  she kept us informed.  She took a heavy weight off of us, Words could not be enough for what she did for us.  We Thank her!  Thank her so much.  If you are looking for a Lawyer to get the job done....She’s the best person for the job!!  You will not be disappointed.” “Kristin Davis is a very thorough attorney.  She is smart and provides no nonsense advice to her clients.  She pays attention to detail and doesn’t miss anything.  She is a great attorney.  You won’t regret hiring Kristin.” “Teresa Molinaro is as thoughtful and thorough as she is insightful and professional.  She took on my complicated legal case, did her research and sought outside advice when appropriate.  Her follow through was excellent, and although I don’t yet know the outcome of my case, I do know that I have the very best attorney working for me!” “I endorse Teresa Molinaro wholeheartedly. Her business acumen and interpersonal skills make her a formidable advocate, and a pleasure to know and work with.”