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CASE CASE PREPARATIONPREPARATION

Preparing probate cases to submit to the Preparing probate cases to submit to the Office of Hearings and AppealsOffice of Hearings and Appeals

Mandy [email protected]

Starting with keeping things Starting with keeping things organized, your probate case organized, your probate case filesfiles Keeps yourself and your team Keeps yourself and your team

on the same pageon the same page Broken into 6 sections (6 part Broken into 6 sections (6 part

folder)folder)

Case File SetupCase File Setup

Starting the Genealogy Starting the Genealogy Research for your Research for your probate caseprobate case Getting in contact with Getting in contact with

the familythe family Using online resourcesUsing online resources

Now Putting together the Family Now Putting together the Family TreeTree

Keep a Phone LogKeep a Phone Log Able to quick write down phone Able to quick write down phone

number for future contact number for future contact A place for tracking voicemail A place for tracking voicemail

messagesmessages Keeps notes on what you talked Keeps notes on what you talked

about and whenabout and when Able to look back for call Able to look back for call

information – “For the Record” information – “For the Record” documentationdocumentation

Tips – Getting in contact with the Tips – Getting in contact with the FamilyFamily

Date and Time

NameNumber

Message(and Probate it’s regarding)

Example Call LogExample Call Log

Keep an Electronic Log of ALL your Keep an Electronic Log of ALL your researchresearch Shows the Judge how much research Shows the Judge how much research

you have done and how far you have you have done and how far you have looked for necessary documents.looked for necessary documents.

Keeps yourself up to date (especially Keeps yourself up to date (especially when working on many casefiles)when working on many casefiles)

Keeps your team up to date (whether Keeps your team up to date (whether checking on case status or taking checking on case status or taking over)over)

A place to summarize your back up A place to summarize your back up documentation for missing recordsdocumentation for missing records


Update ProTrac And Casefile Log Update ProTrac And Casefile Log with each contact with family with each contact with family (mail and phone)(mail and phone)

Scan into ProTrac all Incoming Scan into ProTrac all Incoming and Outgoing documentsand Outgoing documents

Research addresses for ALL Research addresses for ALL related parties (e.g. family, related parties (e.g. family, witnesses)witnesses)

Verify location of possible heirs by Verify location of possible heirs by sending AFH letter to each.sending AFH letter to each.


Keeping In ContactKeeping In Contact Via Affidavit of Family History Via Affidavit of Family History

(AFH) Letters(AFH) Letters Send up to 3 notices and update Send up to 3 notices and update

letters as you goletters as you go Via TelephoneVia Telephone

Promptly return calls and call to Promptly return calls and call to check in check in


Find Birth and Death RecordsFind Birth and Death Records Find Census RollsFind Census Rolls Find Marriage and Divorce Find Marriage and Divorce

RecordsRecords Find Whereabouts for family Find Whereabouts for family

and other related partiesand other related parties

Using Online Using Online ResourcesResources

Examples:Examples: Ancestry.comAncestry.com MNHS.org (Minnesota Historical MNHS.org (Minnesota Historical

Society)Society) Minnesota Official Marriage Minnesota Official Marriage

SystemSystemhttp://www.mncounty.org/?page=mn_official_marriagehttp://www.mncounty.org/?page=mn_official_marriage

MN Trial Court Public AccessMN Trial Court Public Accesshttp://pa.courts.state.mn.us/default.aspxhttp://pa.courts.state.mn.us/default.aspx


Be careful of the sources you Be careful of the sources you use from onlineuse from online

Where and when does the Where and when does the information come from?information come from?

What to use and what not to What to use and what not to use???use???

We’ll go over this more in detail We’ll go over this more in detail in our Best Evidence sectionin our Best Evidence section


Make sure everything is in ProTracMake sure everything is in ProTrac All family is linked to your All family is linked to your

DecedentDecedent All related parties have been addedAll related parties have been added

Getting ready to Submit to Getting ready to Submit to OHAOHA

Formatting the OHA-7Formatting the OHA-7

Make sure everything is in ProTrac Make sure everything is in ProTrac Cont.Cont. All financial information has been All financial information has been

enteredentered Will information has been entered Will information has been entered

(beneficiaries, witnesses, scriveners) (beneficiaries, witnesses, scriveners) Once the OHA-7 is generated, verify Once the OHA-7 is generated, verify

all information has come throughall information has come through

Getting ready to Submit to Getting ready to Submit to OHAOHA

Formatting the OHA-7Formatting the OHA-7

Getting Ready to Submit to OHAGetting Ready to Submit to OHA First: Putting our ducks in a row…First: Putting our ducks in a row…Reviewing our Reviewing our

case files to verify we have all needed case files to verify we have all needed documentation.documentation. Certified Death Certificate for the DecedentCertified Death Certificate for the Decedent Birth Records for possible heirsBirth Records for possible heirs Marriage/Divorce DocumentationMarriage/Divorce Documentation Enrollment Verification for possible heirs Enrollment Verification for possible heirs

(especially AIPRA)(especially AIPRA) Judge may ask about enrollment of the parents of

possible heirs as well, and parents of the decedent. Include completed BIA ID Request is applicable.

Getting Ready to Submit to OHAGetting Ready to Submit to OHA First: Putting our ducks in a row…First: Putting our ducks in a row…Reviewing Reviewing

our case files to verify we have all needed our case files to verify we have all needed documentation. (Cont.)documentation. (Cont.) Financial Information (Signed certified Financial Information (Signed certified

inventory and IIM Account summary)inventory and IIM Account summary) Other important documents: Other important documents:

Prior Probates (parents, spouses, children)Prior Probates (parents, spouses, children) Your search logYour search log

Using the OHA-7 for reviewing: Using the OHA-7 for reviewing: Fact-Fact-Checking every column for every rowChecking every column for every row Organizing our documents according to the Organizing our documents according to the

OHA-7 (see example OHA-7 with fictional OHA-7 (see example OHA-7 with fictional information)information)

Look at the Best Evidence ChecklistLook at the Best Evidence Checklist Goes in order, starting with the “best”.Goes in order, starting with the “best”. If you have the best evidence and it If you have the best evidence and it contains all contains all

the necessary informationthe necessary information, you “should be” good , you “should be” good to go. Wait….to go. Wait…. Birth Certificate list both parents?Birth Certificate list both parents? Death Certificate list cause of death?Death Certificate list cause of death? Family given information contradict your information?Family given information contradict your information?

And if you do have the best evidence and it And if you do have the best evidence and it contains all the necessary information, do not contains all the necessary information, do not include unnecessary extra documentation. include unnecessary extra documentation. Example: Have a complete Birth Certificate? Then put Example: Have a complete Birth Certificate? Then put

aside the state birth index.aside the state birth index.

Getting Ready to Submit to OHA Getting Ready to Submit to OHA What is the What is the Best Documentation Best Documentation to to Use?Use?

Document ALL search EffortsDocument ALL search Efforts Both Successes and FailuresBoth Successes and Failures

Pre-AIPRA/Older CasesPre-AIPRA/Older Cases Here is where multiple pieces of evidence and sources Here is where multiple pieces of evidence and sources

might be keymight be key Look at our Evidence Example:Look at our Evidence Example:

Marriage Evidence Marriage Evidence DOB/Parentage Evidence DOB/Parentage Evidence Whereabouts Attempts Whereabouts Attempts Will IssuesWill Issues

AIPRA/Newer CasesAIPRA/Newer Cases **Birth Certificates****Birth Certificates** Due DiligenceDue Diligence Again, Document EffortsAgain, Document Efforts

Getting Ready to Submit to Getting Ready to Submit to OHA OHA What if we do not have the What if we do not have the “Best”?“Best”?

What What notnot to submit in the probate package: to submit in the probate package: Non-Evidence disguised as evidenceNon-Evidence disguised as evidence Information is not from a record (especially if we do not Information is not from a record (especially if we do not

know the source of information and who is providing the know the source of information and who is providing the information)information) Ojibwe.infoOjibwe.info PeopleFinders.comPeopleFinders.com Anishinaabe.netAnishinaabe.net Clear and LexisNexisClear and LexisNexis

It is okay to use for preliminary research, whereabouts, and It is okay to use for preliminary research, whereabouts, and may give you a place to startmay give you a place to start

Example: We would use Clear for researching whereabouts Example: We would use Clear for researching whereabouts for family, but would not use Clear report as evidence for for family, but would not use Clear report as evidence for DOBDOB

Examples of evidence that Examples of evidence that areare based on records: based on records: Ancestry.com sources that Ancestry.com sources that dodo come from records: State Birth come from records: State Birth

Index, SSDI, US Indian Census Roll, US Federal CensusIndex, SSDI, US Indian Census Roll, US Federal Census

Getting Ready to Submit to OHA Getting Ready to Submit to OHA What is Acceptable Evidence? What is Acceptable Evidence?

THOUGHTS? QUESTIONS?THOUGHTS? QUESTIONS?

Mandy [email protected]

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