Divorce is a time of massive change. Change in schedule, change in routine, change in living situation, change in dynamic, change in budget – you name it, it changes after a divorce. Many divorcing couples do not understand, however, that divorce should also be accompanied by a change in estate plans. (An estate plan […]
MOM AND DAD, WE DON’T WANT TO CLEAN OUT YOUR HOUSE!!
June 8, 2018
Top 5 tips for helping our aging parents (and clients) declutter A House Full of “Stuff” If you’re an adult with aging parents, chances are you’re probably going to be dealing with a house full of “stuff” in the near future. My dad still lives in the same house that he and my mom bought […]
Litigation: The Power of Process
June 26, 2017
Litigation has been glorified — and fictionalized — in movies and on television since those media came into existence: the courtroom drama Perry Mason was the first-ever weekly one-hour series filmed for television. In real life, however, litigation is often criticized as a time-consuming, costly, and unnecessary process. Of course, litigation can be expensive and […]
PROBATE CODE UPDATES
June 20, 2016
Starting August 1, 2016, the amounts available under the Minnesota Probate Code (Minn. Stat. Ch. 524) for a number of issues will be adjusted for the first time in more than 25 years. These issues include the family allowance, collection of personal property by affidavit, and spousal intestate share with children from a previous relationship. […]
Prince Leaves a Complex, Unplanned Estate
May 4, 2016
Unfortunately, too many recent newsletters have focused on the death of musical legends. This month left us with another untimely death. Prince, whose legal name was Prince Rogers Nelson, died on April 21st at his Paisley Park recording studio and home in Chanhassen, Minnesota. As unbelievable as it may seem, according to his sister, Tyka […]
Year-End Estate Planning To-Do List
December 5, 2015
The end of the year is an ideal time to review your current estate plan and confirm that you are taking advantage of all planning opportunities available to you. This includes not only tax planning, but also asset protection, probate avoidance, beneficiary designations and changes in your family and financial situations. On the other hand, […]
Conversion of an Exempt Asset
October 27, 2015
As I wrote in my past article, Hands Off, Creditors!, when someone passes away intestate in Minnesota there are several assets that pass to a surviving spouse and/or children free from claims and creditors. As a reminder, those assets are: The homestead (under Minn. Stat. §524.2-402); Exempt property, which includes one vehicle (regardless of value) […]
Painless Probate: Closing Informally
March 19, 2015
I really don’t know how probate got such a bad reputation, but in my experience it isn’t that bad. As other contributors to Epilawg have noted (see for example: Estate Planning Myth #6: I Must Avoid Probate), Probate can be a pretty painless process. Closing an Informal Probate illustrates that point perfectly. In 3 easy […]
Privacy and your estate plan
January 19, 2015
The British government announced recently that 4 million historical wills have been digitized and are now available for download by the public. As in the United States, these documents were previously available by traveling to the probate court and searching the available public records. Now anyone with an internet connection and a credit card can […]
Intestate succession for a blended family
November 18, 2014
A married couple, of which each spouse has children from previous relationships, faces certain issues with regard to distribution of their estates. The most basic of these issues involves what happens if a spouse dies without a will. When any individual dies without a will, the statutory rules for the intestate succession dictate the distribution of […]
Robin Williams’ Estate: Subject to California Probate?
August 19, 2014
As everyone mourns the death of Robin Williams and reflects on his tremendous talents, we estate planning attorneys can’t help but wonder, did Robin Williams do any estate planning? It is apparent that Robin Williams had a very successful career. What is unclear is the true value of his estate. Some reports indicate that Robin […]