Hess & Jendro Law Office, P.A.Family Law, Probate & Business Lawyers Serving Elk River MN2026-08-07T10:06:54Zhttps://www.hesslawoffice.net/feed/atom/WordPressOn Behalf of Hess & Jendro Law Office, P.A.<![CDATA[Can a transfer-on-death deed help you avoid probate in Minnesota?]]>https://www.hesslawoffice.net/?p=476822026-08-07T10:06:54Z2026-08-07T10:06:54ZHow a transfer-on-death deed works
A TODD gives a property owner the legal authority to name one or more beneficiaries who will receive a specific piece of real estate after the owner’s death. The chosen beneficiaries do not get any ownership rights when the owner is alive. The owner can revoke or replace the deed if the situation changes. To be valid, a TODD must meet Minnesota’s requirements for real estate deeds and be recorded in the appropriate county before the owner’s death.
When a TODD may be helpful
A TODD might be useful for homeowners who want to:
Pass a home to family without the property going through probate
Keep full control of the property during their lifetime
Name one or more beneficiaries for the property
Change or revoke the deed before death if plans change
It is also important to understand what happens after the owner’s death.
What happens after the owner’s death
A recorded TODD does not automatically transfer estate title to the beneficiary. Minnesota law requires additional steps before the transfer is complete. Depending on the situation, the beneficiary may need to record documents such as a death certificate and complete other legal requirements before the property can be sold or refinanced. Knowing these rules as part of estate planning for a family home can help prevent delays when transferring the property.]]>On Behalf of Hess & Jendro Law Office, P.A.<![CDATA[What can you do to help your child cope with your divorce?]]>https://www.hesslawoffice.net/?p=476792026-07-03T12:19:18Z2026-07-17T12:14:54ZTalk openly and offer reassurance
Your child needs honest, age-appropriate explanations about the divorce and what it means for daily life. Explain how daily life will change in simple language your child can understand. Reassure younger children that both parents will continue to care for them. Answer older children's questions about living arrangements and schedules as honestly as you can.
Remind your child that the divorce is an adult decision and never their fault. Many children blame themselves for their parents' divorce. Tell your child often that they are loved and not responsible for what happened. These conversations can ease feelings of guilt and anxiety.
Keep routines steady
Familiar routines give your child a sense of security when life becomes uncertain. Keep homework, activities, meals and bedtime as consistent as possible. If you need to make adjustments, introduce them gradually so your child has time to adapt.
Work with your former spouse to keep important rules and expectations similar in both homes whenever possible. Even if your households are not identical, working together on major parenting decisions shows your child that you are both committed to their well-being.
Protect your child from conflict
Keep your child out of disagreements between you and your former spouse. Handle disputes in private and never ask your child to deliver messages or choose sides. Speak respectfully about the other parent because doing so gives your child a sense of security and may reduce emotional stress.
In Minnesota, parents involved in contested custody or parenting time cases are legally required to attend a certified parent education course, and additional resources like family therapy are widely available to support families. Consider using these services to strengthen your co-parenting skills and support your child's best interests. A counselor can also give your child a safe place to talk about feelings they may not want to share at home.
Your actions can support your child after your divorce
The decisions you make involving your child can affect how well they adjust to your divorce. Offer honest reassurance, keep routines steady and protect your child from conflict. If it is necessary, seek help through counseling or community support. With patience and care, you can support your child and take steps toward building their future.]]>On Behalf of Hess & Jendro Law Office, P.A.<![CDATA[How is personal property handled during probate?]]>https://www.hesslawoffice.net/?p=476812026-07-16T12:14:40Z2026-07-16T12:14:40ZWhat counts as personal property?
Personal property covers almost everything the loved one owned that is not real estate. This includes physical items like clothing, household goods and vehicles. It also includes financial assets such as bank accounts, stocks and retirement accounts.
The personal representative must first identify and secure all personal property. They value items to determine their worth for the estate inventory. The personal representative has a duty to protect the estate's value. This means they must protect assets from damage or loss while probate continues.
Which items can avoid probate?
Not all personal property goes through probate. Some assets transfer directly to beneficiaries without court involvement. These include property held in joint tenancy, payable-on-death accounts and assets in a trust.
Minnesota allows some small estates to use simpler procedures. If the total estate value is $75,000 or less, heirs may use a process called collection by affidavit. This allows heirs to claim assets by signing a sworn statement instead of going through full probate. The affidavit must be shown to whoever holds the assets, such as a bank or vehicle title office.
How are personal belongings distributed?
Distribution happens after the personal representative pays all debts. Minnesota law requires a waiting period before final distribution can occur. The personal representative must wait at least four months after publishing notice to creditors. This allows creditors time to file claims against the estate.
Once all valid claims are paid, the personal representative distributes remaining assets. They follow the will or state intestacy laws. When family members disagree about who should receive certain items, the personal representative works to settle disputes fairly. Sometimes this means selling items and dividing the proceeds among heirs.
Managing the probate process
Minnesota law sets no deadline for distributing personal property. However, personal representatives must generally close the estate within 18 months. If someone in your family is serving as personal representative, make sure they understand these requirements. Staying aware of critical dates can help keep the probate process moving forward smoothly.]]>On Behalf of Hess & Jendro Law Office, P.A.<![CDATA[3 risks if a person dies without an estate plan]]>https://www.hesslawoffice.net/?p=476802026-07-09T16:15:32Z2026-07-09T16:15:32Zmajority of adults in the United States do not have wills or any other estate planning documents in place. Their families may then face a much more complex probate and estate administration process.
What are some of the most pressing risks associated with intestate estates not governed by wills or other documents?
1. Unexpected heir rules
People might assume that their live-in romantic partners or grandchildren automatically inherit from their estates, but that is not necessarily true. Intestate succession laws prioritize immediate family members, meaning that spouses, parents and children may inherit the entirety of the estate, while a person's closest loved ones may not inherit anything.
2. Increased familial conflict
When people do not have direct guidance regarding the distribution of property, they may develop a sense of entitlement. Some people may expect to receive a significant portion of the estate. Others might fight over property with either emotional or financial value. Those disputes can cause long-term damage to family dynamics and are typically preventable with valid estate planning paperwork.
3. Probate delays
Without a written estate plan, personal representatives may need to locate and communicate with potential heirs. They may need to navigate disputes about asset distribution. Those responsibilities can potentially increase the timeline for the probate process. Delays can affect the value of estate resources and can frustrate both personal representatives and the heirs inheriting from the estate.
Understanding what might happen if a person dies without a will can be a powerful incentive when it comes to creating estate planning paperwork. Taking greater control of the future can give people peace of mind and protect their loved ones.]]>On Behalf of Hess & Jendro Law Office, P.A.<![CDATA[Commingled assets can become marital assets]]>https://www.hesslawoffice.net/?p=476782026-06-29T13:43:15Z2026-06-29T13:43:15ZMarital assets need to go through property division during a divorce. But not everything that a couple owns qualifies as a marital asset. Some may count as separate assets, meaning one spouse owns them independently and they do not need to go through property division.
One example is an inheritance that a spouse was given directly by their parents. Even if they were already married at the time, this may still count as a separate asset. Another example is when one person brought significant assets to the marriage, such as savings that they had put aside before getting married.
What does it mean to commingle assets?
Commingling assets is the process of mixing them together. Separate assets get mixed in with marital assets. This can change their status so that all of those assets now have to go through property division.To stick with the example of an inheritance, imagine that a person creates a personal bank account where they store the funds from their parents. Since it is only in their name, and they are the only one who can access it, it likely maintains its status as a separate asset.But if the person instead puts the inheritance into the joint bank account that they already opened with their spouse, it blends together with other marital assets, like their savings or income. This can complicate the process because the entire account may qualify as a marital asset that needs to be split up.Often, couples who are going through a divorce get into serious debates over what assets qualify for property division and which ones remain separate assets. While navigating this process, those involved need to know what legal steps to take.
]]>On Behalf of Hess & Jendro Law Office, P.A.<![CDATA[Has a real property co-owner failed to fulfill their obligations?]]>https://www.hesslawoffice.net/?p=476772026-06-11T23:48:31Z2026-06-11T23:48:31ZThe courts can divide ownership
The law allows joint property owners to file a petition initiating a partition action. Partition actions effectively divide ownership. A judge can achieve this goal through several means.
They can order the sale of the property and distribute the proceeds among beneficiaries. They can facilitate one or more property owners buying out the party who fails to make good on their commitments regarding property responsibilities.
They can even subdivide a parcel into multiple smaller parcels so that every owner is responsible for their own. Partition actions help protect people from financial losses and practical inconvenience caused by someone else's refusal to fulfill their ownership responsibilities.
Reviewing a deed for a property, any agreements between owners and other relevant paperwork with a real estate attorney can help people understand their options for ending joint ownership. A successful partition action can terminate a co-owner arrangement that has become imbalanced and unfair.]]>On Behalf of Hess & Jendro Law Office, P.A.<![CDATA[3 things co-parents should consider this summer]]>https://www.hesslawoffice.net/?p=476762026-06-04T17:24:28Z2026-06-04T17:24:28Zco-parenting with your ex this summer.
#1: Schedule changes
Transitioning to a summer schedule will take some adjusting. For parents of younger children, this generally means ensuring that childcare is in place as needed. For those with older children, there might not be a need for a childcare but knowing the parenting time schedule is still important. Going over the parenting time schedule for the summer as a family can be helpful.
#2: Vacation schedules
Vacation schedules should be as detailed as possible. Both parents should know these dates, particularly if their parenting time schedule has to change. Another important part of the vacation plan is determining how communication between your ex and your children will happen. You’ll also have to determine if you need the child’s passport and other required documents for international travel, if applicable.
#3: Camps and activities
Children are sometimes enrolled in summer camps or other activities, so both parents need to know the schedule to ensure that their children are brought on time. Another consideration regarding these is determining who handles registration, transportation, equipment and payment.
Getting any modifications to your parenting plan in place as soon as they may be necessary is advisable. Working with someone familiar with these matters is beneficial because this aspect of co-parenting can be complex.]]>On Behalf of Hess & Jendro Law Office, P.A.<![CDATA[What happens to debt during probate?]]>https://www.hesslawoffice.net/?p=476752026-05-21T17:51:13Z2026-05-21T17:51:13ZMany people still have outstanding debt when they pass away. Some people pass away unexpectedly, and they may still have major debts like business loans or mortgage loans. But even someone who has addressed all of their major debts could still have credit card bills, property taxes, income taxes and other financial obligations that remain when they die.
As that person’s estate goes through probate, what happens to this debt? Who is in charge of addressing it? Is the debt eliminated or passed on to the next generation?
The estate executor
Creditors can make a claim against an estate after someone passes away. A credit card company could make a claim to collect the outstanding balance on the credit card account, for example. The debt still remains, even after the person’s passing. It is the job of the estate executor to handle these claims. They have access to the deceased person’s financial assets, including their bank accounts. Therefore, they can use the funds from the estate to pay off any financial obligations.What this means is that beneficiaries do not need to worry that they will somehow inherit this debt or have to take it on themselves. It is not their responsibility. Instead, the person’s estate pays down the debts – these financial obligations often must be handled first – and the remaining assets are then distributed to beneficiaries.
Navigating the probate process
Inventorying assets, handling debts and contacting beneficiaries are all important parts of the probate process. Those involved must be well aware of their legal options and the steps they will need to take.
]]>On Behalf of Hess & Jendro Law Office, P.A.<![CDATA[Do you really need title insurance when buying a home?]]>https://www.hesslawoffice.net/?p=476742026-05-07T22:41:29Z2026-05-07T22:41:29ZHow does title insurance work?
Think of title insurance as a policy designed to protect you against defects in a property’s ownership history. It acts as a safeguard against problems that existed before you purchased the home but were not discovered during the title search. Unlike regular insurance, title insurance doesn’t protect against future events. It protects against past issues that unexpectedly show up later.
How much does it cost?
In most real estate transactions, title insurance is a one-time premium paid at closing. The cost is typically based on the property’s purchase price, and while it varies, it’s generally a small fraction of the overall transaction compared to the value it protects.
Is it mandatory?
Owner’s title insurance is not always required in Minnesota home purchases, but it’s best to have one. Lenders will almost always require lender’s title insurance before lending funds or finalizing the mortgage to protect their financial interest in the property.
However, it is important to understand that the lender’s title insurance only protects the lender, not the buyer. Without owner’s coverage, your equity in the home may be exposed if a title dispute arises later.
Safeguard your investment
Real estate transactions are often described as a step-by-step process, from making an offer to completing inspections, closing the deal and receiving the keys. However, behind that structure is a dense layer of legal documentation that determines whether ownership is truly secure or merely assumed. As a potential homebuyer, working with a trusted legal professional is essential to navigating the complexities of real estate deals and protecting your financial interests.]]>On Behalf of Hess & Jendro Law Office, P.A.<![CDATA[5 reasons a trust is often better than a will for new parents]]>https://www.hesslawoffice.net/?p=476722026-04-22T15:39:12Z2026-04-24T15:36:05ZBecoming a parent changes the way you see the world. You hold your child for the first time and feel something entirely new. That feeling comes with a question that will not leave you alone: if something happened to you, would your children be okay?
Many Minnesota parents start with a will; that instinct is a sound one since a will documents your wishes and gives the court direction. However, for families with young children, a will has real limits.
Where a will may leave your family exposed
In Minnesota, a will typically goes through probate before your family receives assets governed by the will. Probate is a court process; it takes time, costs money and plays out in public records that anyone can access.In addition, state law does not allow minor children to manage inherited property directly. Without an estate plan that addresses this, a court steps in to appoint a conservator to oversee those assets which adds time, cost and stress to an already difficult situation.
How a trust steps in where a will steps back
A revocable living trust works alongside a will to fill the gaps that matter most as a parent of young children, and you may find that a trust offers a level of control a will does not provide on its own. Here are five reasons a trust often makes sense for families in your situation:
It sidesteps Minnesota probate: Assets properly transferred into a trust pass directly to your children without court involvement, saving time and money.
It keeps the court out of your children's inheritance: You name a trustee you know and trust, keeping that decision out of a judge's hands.
It protects your family's privacy: A trust never becomes part of the public record the way a will does.
It covers incapacity as well as death: A revocable trust can manage your assets on your family's behalf if you become unable to do so.
A trust puts you in control at every stage of the plan.
Give them more than love: Give them a plan
A will and a trust work best as a team. Together, they give your children a complete layer of protection.Every family's financial picture is different, and an estate planning attorney familiar with Minnesota law can help you determine which combination of documents fits your family's needs. The earlier that plan is in place, the stronger the protection it provides.]]>