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How to Deal With Assets Found After Probate is Closed

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How to Deal With Assets Found After Probate is Closed

January 11, 2024

By Johnson/Turner Legal

How to Deal With Assets Found After Probate is Closed

January 11, 2024

By Johnson/Turner Legal

TL;DR (Too Long; Didn’t Read Summary):
      • Discovering assets after probate requires filing a petition for descent of omitted property.
      • Minnesota law allows probate courts to amend distribution decrees for newly found assets.
      • Newly discovered assets must be accounted for in estate tax calculations.
      • Expert guidance from probate lawyers simplifies the management of post-probate assets.
      • Contact Johnson/Turner Legal for professional assistance with newly discovered assets after probate.

Handling Newly Discovered Assets After Probate Closure: A Guide

Finding assets after the closure of a Probate process adds an unexpected layer to estate management. When assets like uncashed checks, stock certificates, or personal items surface post-probate, it’s crucial to navigate the situation with precision. Here’s how you can effectively manage assets discovered after probate has been finalized.

Filing a Petition for Descent of Omitted Property

Upon discovering new assets, the immediate step is to file a petition for the descent of omitted property with the probate court. This move is vital for anyone with a stake in the estate, such as heirs or creditors. This legal petition allows these assets to be officially recognized and included in the estate’s probate process.

Understanding Minnesota’s Approach to Omitted Assets

Under Minnesota law, specifically statute 524.3-413, probate courts hold the authority to revise previous distribution decrees to account for newly identified assets. This flexibility ensures that the estate can settle any remaining debts or distribute assets according to the deceased’s will or state intestacy laws.

Accounting for Estate Tax Implications

It’s imperative for the estate’s personal representative to consider the impact of these new assets on estate tax obligations. Proper accounting ensures the estate meets all tax requirements in full, avoiding potential legal complications.

Leveraging Expert Probate Guidance

Navigating the discovery of assets after probate demands a deep understanding of probate law and its implications. At Johnson/Turner Legal, we specialize in providing comprehensive guidance to personal representatives and beneficiaries alike, simplifying the complexities of probate and estate management.

Seeking Professional Probate Support

The discovery of assets post-probate can be daunting, but you don’t have to handle it alone. For expert assistance, contact Johnson/Turner at (320) 299-4249. Our experienced team is equipped to support you through every stage of the probate process, ensuring a smooth resolution to any unexpected estate developments.

Extending the handling of estate assets beyond the initial probate closure ensures all aspects of the deceased’s estate are comprehensively addressed. Whether it’s resolving outstanding debts or fulfilling the deceased’s wishes, managing these late-discovered assets properly is essential for the estate’s integrity and beneficiaries’ peace of mind.


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