2014 April

Using Affidavits of Collection for Small Estates

04.21.2014
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Using Affidavits of Collection for Small Estates
Ordinarily, property belonging that is owned by a deceased person, but is in the possession of a third party (e.g. funds kept in a bank account) must be collected by a Personal Representative who has been appointed through the probate process.  In some cases, however, assets may be collected without going through the probate process.  When a deceased person’s estate has fewer than $50,000.00 in assets and does not contain real estate, those administering the estate may be able to collect assets from third parties by using […]

Demand for Disclosure

04.13.2014
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When a judgment debtor isn’t paying a judgment, the judgment creditor has the option of sending a court order that requires that debtor to disclose various assets and financial information to make collection possible.  If the debtor fails to do so, the creditor can request that the debtor be held in contempt of court.  A finding of contempt can result in the issuance of an arrest warrant, fines, and/or jail time for the debtor.

Requirements

The requirements for Demands for Disclosure are outlined in Minnesota Statutes Sections 491A.02, subd. 9 and 550.011.  In order […]