Cemetery Lots, Burial Plots, Mausoleums, and Niches: Investing in Your Future, Part 5


October 27, 2017
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Definition of Terms “Alkaline hydrolysis” (coined “wet cremation”) means the reduction of a dead human body to essential elements through a water-based dissolution process using alkaline chemicals, heat, agitation, and pressure to accelerate natural decomposition; the processing of the hydrolyzed remains after removal from the alkaline hydrolysis vessel; placement of the processed remains in a […]

Cemetery Lots, Burial Plots, Mausoleums, and Niches: Investing in Your Future, Part 1


September 29, 2017
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Questions regarding final disposition of human remains and the legal right to control such disposition sometimes become litigated issues during estate planning, long-term care planning, or probate.  Estate planning and elder law attorneys should be aware of how a person purchases burial space, prepays for funeral services, or transfers/sells rights to burial space.  Whether you […]

ABLE Accounts


September 27, 2017
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The Achieving a Better Life Experience Act (ABLE Act) was enacted on December 19, 2014.   Minnesota enacted ABLE accounts into law in 2015.  An ABLE account is established through a savings plan known as the Minnesota ABLE Plan in compliance with Minn. Stat. § 256Q.01. ABLE accounts are tax-exempt accounts (treated like 529 Plans) that […]

Excluded Assets for Medical Assistance: Burial Space and Burial Space Items


December 10, 2015
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This article focuses on burial spaces, burial space items, and irrevocable insurance-funded burial agreements. There are various types of burial agreements, but only one type of burial agreement is discussed below because of the potential to exclude the entire amount for MA purposes if it is properly written. Medical Assistance (MA) is a means-tested program […]

Excluded Assets for Medical Assistance: Homestead


December 3, 2015
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In Minnesota, it is important to know which assets are excluded for Medicaid/Medical Assistance (MA) eligibility purposes when contemplating MA Long-Term Care benefits for individuals who are 65 years of age or older, blind, or disabled. This article focuses on excluded assets for MA eligibility purposes, and will not detail income requirements, asset allowances for […]

Pre-Planning for Death: Part 3


November 9, 2012
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This is the final post in a three part series on pre-planning for your death. In the first part, terms related to pre-planning for your death were defined. In the second part, exactly what happens to your remains after you die was covered. Now, steps to pre-planning your funeral will be discussed. This series is […]

Pre-Planning for Death: Part 2


October 24, 2012
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This is the second in a three part series on pre-planning for your death. In the first part, terms related to pre-planning for your death were defined. In this part, exactly what happens to your remains after you die will be covered. Finally, steps to pre-planning your funeral will be discussed. This series is written […]

Pre-Planning for Death: Part 1


October 2, 2012
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This is the first in a three part series on pre-planning for your death. This series is written by Jill Sauber, a current law student and licensed mortician.    People often segue into talking about their own mortality or death by saying, “if something happens to me.” As though stating it in terms of “maybe” […]