Nonjudicial Settlement Agreements, Spendthrift Trusts, and the “Material Purpose” Dilemma

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April 2, 2019
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In 2015, the Minnesota legislature significantly expanded the scope of the Minnesota Trust Code’s Nonjudicial Settlement Agreement (“NJSA”) provisions to permit a wider range of issues to be resolved by way of such agreements.  Under Minn. Stat. § 501C.0111(b)-(c), “interested persons” may enter into binding NJSAs “with respect to any matter involving a trust” so long […]

Seeking Review of a Probate Referee’s Order


February 27, 2014
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This post is mainly intended for Minnesota probate attorneys, however, we hope that all readers learn from it. – See more at: https://epilawg.com/2013/12/minnesota-e-filing-how-to-survive/#sthash.I3444Vxo.dpuf Epilawg editors note: This post is mainly intended for Minnesota probate attorneys, however, we hope that all readers can learn from it. If you believe that the only recourse available with respect […]

Mandatory Arbitration Provisions in Estate Planning Instruments


December 16, 2013
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In May 2013, the Texas Supreme Court enforced a mandatory arbitration provision within a trust instrument in Rachal v. Reitz.  Since then, a number of legal commentators have suggested that there is a growing trend towards the recognition of such provisions in the probate context.  The issue is far from settled, however, and the underlying […]