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 […]
What You Need to Know about Minnesota’s UTC Part III: The Trustee’s Duty to Inform and Silent Trusts
May 11, 2015
This is the third post in a series discussing different aspects on Minnesota’s new statute, the Uniform Trust Code (UTC), which becomes effective January 1, 2016. While this series will be useful information for all Epilawg readers, it is geared towards those readers that are attorneys, fiduciaries and their clients. See Part I here and […]
What You Need to Know about Minnesota’s Uniform Trust Code Part II: Trust Administration Involving Co-Trustees
April 27, 2015
This is a second post in a series discussing different aspects on Minnesota’s new statute, the Uniform Trust Code (UTC), which becomes effective January 1, 2016. While this series will be useful information for all Epilawg readers, it is geared towards those readers that are attorneys, fiduciaries and their clients. As noted in my […]
What You Need to Know about Minnesota’s Uniform Trust Code Part I: Dual-Track Jurisdiction
April 2, 2015
This is a first in a series of posts discussing different aspects on the new statute, Minnesota’s Uniform Trust Code (UTC), which becomes effective January 1, 2016. While this series will be useful information for all Epilawg readers, it is geared towards those readers that are attorneys, fiduciaries and their clients. At long last, Minnesota […]
Seeking Review of a Probate Referee’s Order
February 27, 2014
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
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 […]