Pros & Cons of Joint Tenancy

Emma Maddy / August 11, 2015
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A comprehensive estate plan deals with multiple types of property; from probate assets that pass through your will, to non-probate assets that pass outside a will via a trust or beneficiary designation, to jointly held assets, which pass automatically at the time of the first death. One of the most common joint assets people hold […]

Overcome Obstacles to Effective Healthcare Directives

Anne Denny / July 21, 2015
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Are improvements to healthcare directives necessary and possible? The answer is an emphatic YES! As a trusted advisor, you can blaze the trail for your clients. In the past three decades, a relatively low percent of adults have completed a healthcare directive. So what shortcomings are impeding the national acceptance of advance care planning? 10 […]

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 […]

An Introduction to Trusteed IRAs

Maggie Green / June 8, 2015
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An individual retirement account (IRA) is typically established in one of two ways. As a custodial account, where the bank or financial institution is simply acting as a fiduciary and must follow the directions of the account owner (including the instruction to cash out the entire balance). An IRA can also be held in trust (the […]

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. […]

Incapacity Planning – The POLST

Jayne Sykora / May 7, 2015
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POLST stands for “Provider Orders for Life Sustaining Treatment.” It is a doctor-signed medical order form that communicates a patient’s end-of-life health care wishes to other health care providers during an emergency. Patients with serious health conditions who need to make decisions about life sustaining treatment in advance of medical emergencies should have a POLST […]

7 Tips for the 706

Kassandra Heinrich / April 21, 2015
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As tax season is wrapping up I’ve found myself busy with a few estate tax returns, and wanted to share 7 Tips to keep in mind when completing a United States Estate (and Generation-Skipping Transfer) Tax Return – aka the 706. The federal form (coming in at 31 pages before any schedules and supporting documentation […]

Vacationing Without the Kids??

Jayne Sykora / March 30, 2015
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Designation of Standby or Temporary Custodian for your Child So, you and your spouse are finally ready to take that vacation to Mexico – without the kids. The flights are booked, your bags are nearly packed and thoughts of warm weather and a beach are in the forefront of your mind . . . as […]

Postnuptial Agreements

Jayne Sykora / March 12, 2015
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We’ve written before about prenuptial agreements (“prenups”), which are agreements entered into by a couple before marriage that most often outline the ownership and division of property should a marriage end either by divorce or death of one of the spouses. In previous posts, Jen Santini provided a general overview of prenups and Erika Rosenhagen […]

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 […]

Minnesota and the UTC

Maggie Green / February 19, 2015
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The 2015 Minnesota Legislature may adopt the Uniform Trust Code.  The proposed legislation would provide new rules regarding the administration of trusts, codify some common laws and clarify procedures available to those involved with the administration of trusts.  Take a look at this review on JD Supra that outlines the changes and impact that the proposed legislation will have […]