Often, clients ask if there is way to shelter their assets from creditors. In Minnesota, the short answer is: no. However, in a handful of states, there is a trust that could allow for someone [...]
Serving as a trustee is not to be taken lightly. This is because in the context of trusts and estates, a fiduciary relationship exists between the trustee (a/k/a fiduciary) who holds and keeps a property [...]
When a loved one dies from a wrongful or negligent act of another, knowing where to begin the legal process can be difficult. When you bring a wrongful death case in Minnesota, there are a [...]
Statutory Presumptions Minnesota statutes provide a set of default interpretations for some of the language used in Minnesota wills.1 Unless a will includes language to the contrary, these statutes provide interpretations for things such as what [...]
I field this question every day. My response is always the same, it depends. So, when should someone consider a Trust-based estate plan*? Well, here are a few things to consider: Do you own property [...]
If Congress ultimately expands gun legislation, then it could have a profound impact on an individual’s ability to transfer guns to their beneficiaries. Bequeathing a gun in an estate is very different from passing on [...]
Trustee A trustee is a fiduciary with a high degree of responsibility. As a fiduciary, a trustee has legal duties that he or she must perform. As discussed in Maggie Green’s series of posts, those [...]
A rabbi trust is a type of non-qualified deferred compensation plan set up by an employer for the benefit of an employee. Rabbi trusts get their name from a 1980 IRS private letter ruling that [...]
Last week, I was lucky enough to see the cliff up close. Not the fiscal cliff that kept us all riveted (or not) for the month of December, but a beautiful snow covered cliff. And [...]
We have written about the benefits of utilizing revocable trusts for incapacity planning, probate avoidance and out-of-state real estate. However, we often get the question from couples, “Why do we need two trusts? Why can’t [...]
When a trust is created, it is always important to choose the right trustee. Generally, a trustee should be an individual(s) or company that is detail-oriented and will follow all required fiduciary duties. In previous [...]
