Wrongful Death Cases


May 8, 2013
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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 few things that you should know. First, there are strict time limits on how long you have to initiate the […]

Assets that Affect Financial Aid


May 6, 2013
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If you are a parent of a high school student who will be going off to college soon, or you are starting college yourself, there’s a good chance you’re thinking about applying for financial aid. According to the National Center for Education Statistics, 66% of all undergraduates received some form of financial aid in 2007—08. […]

Disposition of Remains: A Difficult, but Necessary Discussion


April 30, 2013
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What happens when one dies without a Health Care Directive and has specific wishes regarding the disposition of his or her body? What happens when a dispute occurs amongst remaining loved ones who have differing opinions about the disposition of the deceased’s body? These are important questions to examine when considering whether or not to […]

In re Stisser Grantor Trust & the Implications for Revocable Trust Language


April 16, 2013
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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 property can be passed via will, what happens when a beneficiary dies before the testator, how and when gifts might […]

Termination of a Guardianship: Restoration to Capacity


March 12, 2013
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In my previous post, I discussed the basics of a guardianship. In this post, I discuss terminating a guardianship when the Ward has regained mental capacity. For example, perhaps the Ward has a brain injury from an accident or a stroke, but after a couple years of therapy she has recovered enough so that a […]

Backdoor Roth IRAs


February 20, 2013
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Although you may earn too much to contribute to a Roth IRA, there is no income restriction to convert a traditional IRA to a Roth IRA. What is a Backdoor Roth IRA? The Backdoor Roth IRA is an indirect way to contribute to a Roth IRA when your income is too high to contribute directly […]

Trustee and Custodian: What’s the Difference?


February 18, 2013
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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 duties include loyalty, impartiality, and recordkeeping.  A trustee must act out of loyalty to the beneficiaries and not to further […]

The Tolls of Caregiving


February 12, 2013
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Given the prevalent role families play in providing long-term care, insurance may not always seem necessary. However, as briefly discussed in my last post on the basics of long-term care insurance, the true value of long-term care insurance involves protecting the wellbeing of loved ones. Even though spouses and adult children are often willing to […]

Rabbi Trusts: Not Just For Rabbis


February 8, 2013
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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 approved the use of these trusts. In that case, a congregation wanted to set up a trust for the benefit […]