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

Jill Sauber / 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 4

Jill Sauber / October 18, 2017
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Ownership of a Cemetery Lot Purchasing a cemetery lot is not an absolute title to the land, but it is sometimes designated as an easement, privilege, right (of burial), or license. Despite this, an owner is able to sue cemetery owners or strangers for disturbing the lot without consent while the lot is used as […]

Cemetery Lots, Burial Plots, Mausoleums, and Niches: Investing in Your Future, Part 3

Jill Sauber / October 9, 2017
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Cremation, Burial, Whole Body Donation: Who Can Decide? The right to control the remains of a dead human body, including the location and conditions of final disposition, vests in the people listed below, in order of priority, unless other directions have been given pursuant to the decedent’s valid Will or Advanced Directive: The agent(s) listed […]

Cemetery Lots, Burial Plots, Mausoleums, and Niches: Investing in Your Future, Part 2

Jill Sauber / October 4, 2017
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Funeral Service Types With the advent of cremation, green burials, and alkaline hydrolysis (oddly referred to as “wet cremation”), funerals can be as unique as an individual. When a person pre-plans their funeral, they can plan as much or as little as they would like, but, at minimum, they choose a type of service (traditional […]

Minnesota 529 Plan Credit

Erik Doerr / October 2, 2017
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Minnesota enacted a new law in 2017 which allows individuals who contribute money to 529 College Savings Accounts either a subtraction or a credit against their Minnesota income tax liability.  Contributions to the plan must be made on or before December 31, 2017 to qualify. The new law allows individuals a subtraction of up to […]

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

Jill Sauber / 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

Jill Sauber / 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 […]

The Importance of Properly Establishing Tenancies to Carry Out Your Intended Desires

Deb Newel / September 13, 2017
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Whether you own a property as joint tenants or tenants in common can make a big difference as to what you own and how that plays out for estate planning.  Joint tenants own an undivided interest in the real property whereas tenants in common own a specific percentage of the property.  With joint tenancy, title […]

Minnesota Statute Allows for Vehicles to be Titled in Transfer-on-Death Form

Rhett Dial / September 7, 2017
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Until recently, vehicles in Minnesota were always considered potential probate assets if titled in the decedent’s name alone.  This could cause unnecessary and prolonged hassle to surviving family members who either inherited a vehicle or were looking to sell the vehicle. Now, according to new Minnesota Statute 168A.125, vehicles may now allow a transfer-on-death (TOD) […]

Pet Trusts in Action: Cats Inherit $300,000

Rhett Dial / September 6, 2017
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As pets continue to be included in estate plans, make sure you’re aware of Minnesota’s Statutory Pet Trust.  Big bucks can sometimes be at stake, as was the case here when a famous author left her cats $300,000

The Case Against Do-It-Yourself Estate Plans

Jayme Kruse / August 24, 2017
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“D.I.Y.” You probably see that acronym often. It stands for “Do-It-Yourself” and is often used when discussing home repairs, decorating projects, or gift ideas. For example, if I need to fix a small chip in the paint on my wall, I may try to do it myself instead of hiring a painter to do it […]

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