Minnesota Affidavit by an Attorney-in-Fact in the Capacity of an Administrator of an Estate

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Multi-State
Control #:
US-00485BG
Format:
Word; 
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Description

The following form is by an affiant as an administrator of an estate.
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FAQ

For the PoA to be legal, you must sign form in front of a notary or have it signed by two witnesses. The Arc Minnesota also believes there is value in having an attorney, or lawyer, look over the PoA.

A general power of attorney authorizes your agent to conduct your entire business and affairs. A limited or special power of attorney authorizes your agent to conduct specified business, perform specified acts, or make certain decisions on your behalf.

The "principal" is the person who creates a Power of Attorney document, and they give authority to another adult who is called an "attorney-in-fact." The attorney-in-fact does NOT have to be a lawyer and CANNOT act as an attorney for the principal. The attorney-in-fact must be a competent adult (18 years or older).

No, in Minnesota, you do not need to notarize your will to make it legal. But Minnesota lets you to make your will "self-proving." If you want to do that you need to go to a notary. A self-proving will helps prove that your will is valid if it is contested in court.

If the estate must go through probate, the probate court will legally confirm your appointment as executor with what are called letters testamentary (sometimes called surrogate certificates).

A power of attorney must be in writing, signed in front of a notary, dated, and clear on what powers are being granted.

"Durable power of attorney for health care" means an instrument authorizing an agent to make health care decisions for the principal if the principal is unable, in the judgment of the attending physician, to make or communicate health care decisions.

There's no easy way to say how long Minnesota probate should take, but one year is a good rule of thumb. An estate that includes a clear will and beneficiaries who can get along may take less than a year whereas one that involves taxes, challenges, multiple attorneys, or other complications can drag on much longer.

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Minnesota Affidavit by an Attorney-in-Fact in the Capacity of an Administrator of an Estate