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probate

After 20 years on the bench as one of Hennepin County’s probate referees, Bruce Kruger is retiring. Today, the court sent an announcement of his upcoming retirement party for attorneys and colleagues. The party is scheduled for July 30th from noon to 2:00 p.m. in Courtroom 457. No RSVP is required.

Earlier this year, Hennepin County was seeking to fill two, part-time referee positions. Perhaps this news is the reason.

Referee Kruger will be missed. I found him to be tough, but fair. Whenever I had a probate with feuding relatives, I was always glad to draw Kruger at the hearing. He would get to the core of the matter and had no tolerance for petty bickering that so often accompanies family feuds.

Though his demeanor in the courtroom could be gruff at times, I’ve found him to be personable. Once I met him in his chambers along with opposing counsel for a pretrial hearing. He swiftly guided us to a resolution and then he spent at least another 30 minutes just shooting the breeze with us. If I recall correctly, we talked about fishing, sports, and a few probate “war stories.” He didn’t seem to be in a hurry and, as a younger attorney, I relished the opportunity to get to know a referee whom I appeared before frequently. It seemed the chat would have lasted even longer, but the opposing counsel was in a hurry to go somewhere.

On another occasion in his courtroom for an initial formal hearing, Referee Kruger asked my client whether the decedent’s will had a “written list.” The client responded that, yes, there was a written list. This was news to me since I had never seen it. Obviously, Kruger wanted the written list and the client responded that it was at home. With the signing of the Order appointing my client as the PR suspended, my client and I went out into the hallway to discuss this written list that I hadn’t seen. I discovered that she had misunderstood the question and thought Kruger was referring to “the written list” of inventory of all the decedent’s belongings that my client had prepared. I sheepishly led my client back into the courtroom to correct the record, expecting that somehow I’d be reamed for it as I had seen another judge do in a certain county to the north. To my surprise, Kruger was gracious and thanked us for coming back in to correct the record so quickly. We were thankful as well, since the Order wouldn’t have issued without it.

Categorized in In the News and tagged as , ,

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Minnesota attorneys should be aware of new probate and trust law legislation recently signed into law. I have listed the highlights of the new laws on a guest post over at the Practice Law Blawg.

Additionally, in the post, I’ve listed 5 ways you can prepare for the most important (and potentially controversial) provisions of the new laws– those redefining the scope of parent-child relationships.

As an aside: the MSBA’s Practice Blawg frequently has posts of interest even to out-of-state attorneys. Make sure you check out this blog and consider adding it to your blog reader.

Categorized in Commentary, Practice Tips and tagged as , ,

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New “Probate In Common Newsletter” published

May 14, 2010

Alonna Warns, one of Hennepin County’s Registrars, released today the latest issue of her newsletter, “Probate In Common.” In this issue (Vol. 7:1), she covers the following topics:

Probates for Non-resident decedents
Issues related to the Notice to Commissioner
Dismissed Orders
Common mistakes on Informal Applications

If you practice probate in Hennepin County, this newsletter is a must-read. It is [...]

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Probate profanity: “Met his demise”

April 7, 2010

I read an email from a probate attorney recently that said something like, “The decedent met his demise on March 1, 2010.” My mouth dropped open.
Met his demise?
Never use that phrase– it’s like probate attorney profanity in the ears of sensitive clients. It’s one of those phrases that has such an insensitive edge to it [...]

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How to grow a probate practice: #5 Develop a probate attorney network

March 12, 2010

This post is Part 5 of the series, How to Grow a Probate Practice.
In this, our final post in the “How to Grow a Probate Practice” series, I want to make a simple point. Don’t be a lone-ranger probate attorney. Though the probate process is fairly routine once you learn it, every estate has its [...]

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How to grow a probate practice: Bonus tip #3

March 8, 2010

This is a bonus post in the series, How to Grow a Probate Practice.
Cross-Marketing
In the second post in this series, I explained that getting referrals was the key to making your phone ring with new probate business. I went on to explain how to get referrals.
Aside from referrals, there is another strategy to make your [...]

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How to grow a probate practice: Bonus tip #2

March 8, 2010

This is a bonus post in the series, How to Grow a Probate Practice.
In anticipation of our final post in this series, I’m reposting the follow from September 21, 2009.
How to set up your probate file
Probate cases can be complex and extend over a long period of time, so keeping an organized case file is [...]

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How to grow a probate practice: #4 Forget paralegals (for now)

March 2, 2010

This post is Part 4 of the series, How to Grow a Probate Practice.
Hold Off on Paralegals
When growing your probate practice, one of the decisions you need to make is whether to hire a probate paralegal. If you are new to probate practice, for now, hold off. It is a mistake to hire one too [...]

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How to grow a probate practice: #3 You must become an expert (and how to become one)

February 23, 2010

This post is Part 3 of the series, How to Grow a Probate Practice.
As I told you in last week’s posts, you need referrals from other attorneys if you want to get your phone to ring with probate business.
The best (and most profitable) way to become known for doing probate work is to become an [...]

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How to grow a probate practice: #2b Make your phone ring with business

February 17, 2010

This post is Part 2 of the series, How to Grow a Probate Practice. Because of its length, I’ve broken it into two posts. The first half was posted yesterday.
Yesterday, we started examining a hierarchy of the quality of the referrals you could receive as a probate attorney and, accordingly, which ones you should try [...]

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