MN Animal Lovers – Rejoice!

Jennifer Santini / June 3, 2016
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Until recently, Minnesota was one of the few remaining states that did not allow for a trust to be created for the benefit of animal. However, this past legislative session H.F. No. 1372 was signed into law by Governor Dayton, which includes the statute to allow for the creation of a “pet trust.” Under Minn. […]

What You Need To Know About The MN Trust Code For Drafters Part III: Limitation on Action Contesting Validity of Revocable Trust

Jennifer Santini / December 8, 2015
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Often when people set up their estate plan they will ask the attorney “Can someone challenge this?” Truthfully, anyone can try to challenge a person’s estate plan – the bigger question is whether that person would be successful in his or her challenge. Even if the testator attempts to prohibit someone from challenging his or […]

What You Need To Know About The MN Trust Code For Drafters Part II: Default & Mandatory Rules

Jennifer Santini / December 1, 2015
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A trust instrument, under the new Minnesota Trust Code (“MN Trust Code”) in Minn. Chapter 501C, can be drafted* in a multitude of manners to convey the settlor’s intentions. The terms of the trust instrument can be drafted contrary to certain provisions in the MN Trust Code. Such terms of the trust instrument will govern […]

What You Need To Know About The MN Trust Code For Drafters Part I: The Basics

Jennifer Santini / November 24, 2015
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It has been mentioned here on Epilawg a few times already that Minnesota adopted a new trust statute. The specifics of the Minnesota Trust Code can be found in Minn. Ch. 501C (“MN Trust Code”) and has come to fruition by the countless hours and effort of a committee of local trusts and estates attorneys. […]

Living as if it was your last year

Jennifer Santini / November 17, 2015
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Recently I read about a course that is offered by New York’s Zen Center for Contemplative Care called “How To Live This Year As If It Were Your Last.” The course is led by two Buddhist monks, who inform the students on the first day of class that they have nine months to live. For […]

Conversion of an Exempt Asset

Jennifer Santini / October 27, 2015
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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) […]

MN Revised Uniform Limited Liability Company Act

Jennifer Santini / July 30, 2015
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Minnesota’s Revised Uniform Limited Liability Company Act (“new LLC Act”) act will take effect this Saturday, August 1, 2015. Any limited liability companies (LLCs) that are newly organized in Minnesota after that date will be subject to the new LLC Act under Chapter 322C of the Minnesota Statutes. Any LLCs that were formed prior to […]

Questions To Ask Aging Parents

Jennifer Santini / June 22, 2015
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We are often approached by clients, who have aging parents, to find out the best way to raise the topic of estate planning with their parents. Typically the client is in the process of drafting his or her own estate plan and they realize quickly how messy the administration of an estate can be if […]

Fiduciary Access to Digital Assets

Jennifer Santini / May 26, 2015
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The Uniform Law Commission drafted an act to provide fiduciaries with the same access to digital assets as they have had to tangible assets. The Uniform Fiduciary Access to Digital Assets Act (the “Act”) has been introduced in over twenty states, including Minnesota. The Act was introduced and enacted in the Minnesota House of Representatives. […]

Unintended Consequences of Disinheriting Children

Jennifer Santini / March 5, 2015
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One thing I learned quickly after becoming an estate planning attorney is that there are often times when my clients’ wishes are not the same as what I would do in their particular situation. For example, the first few times I encountered clients who wished to disinherit their children for reasons more emotionally driven than […]

In the News: Facebook’s Legacy Contact

Jennifer Santini / February 16, 2015
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Last week, Facebook announced that users of the social media website could designate a “legacy contact,” who would be able to control and manage the user’s Facebook page once the user passed away. The legacy contact would have some limitations to what they can do with the user’s account but they would be able to […]