There are a few items we wanted to remind you about as we wrap up the end of the year and look towards 2014. In no particular order they are: 1. Don’t forget that Minnesota has a gift tax! This gift tax applies to anything given over $1 million in a person’s lifetime (excluding gifts […]
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 […]
Don’t be an ostrich
December 2, 2013
I love this article by Deborah Jacobs because it brings to the forefront some important reasons to talk about estate planning. Plus, with all of the family gatherings this holiday season, the article is timely written. Everyone (well, almost everyone) has heard a horror story about an estate administration gone wrong. The once cohesive and happy family […]
Giving Thanks
November 28, 2013
On this day of thanks, we wanted to remind you about the various opportunities for giving. Many of our clients have a philanthropic intent but just do not know exactly how to, when to, and how much to give. Maggie Green wrote about incorporating philanthropic education into your estate plan even after you pass away. […]
ESTATE PLANNING FOR YOUNG ADULTS…REALLY?
November 27, 2013
If you have a young adult child coming home for the holidays, the Thanksgiving table might serve as a good opportunity to talk with them about estate planning. While most young adults do not own property or have children that may necessitate a Will, two major estate planning documents are often overlooked by young people […]
Disclaimer Planning for Non-Tax Purposes
November 20, 2013
Jamie Held previously discussed how disclaimer planning can be useful in incorporating flexibility in uncertain tax situations, and Jen Santini discussed how to properly disclaim a bequest under MN and federal law. This post focuses on a different aspect: how disclaimer planning can be useful for non-tax purposes. Disclaimers in General To review, disclaimers can […]
The Right Time To Get Out
November 18, 2013
Last week the company Snapchat, and its founders, made headline news when they rejected a $3 billion deal from Facebook. Why did they reject the offer? It has been reported it was because they felt there was more to earn down the road. Did they pass up a deal of a lifetime? Or will they […]
Estate Planning Tips for the Sandwich Generation
November 12, 2013
While long proven to be a delectable meal, a sandwich as applied to the “sandwich generation” is significantly less appealing. For many of us, we are facing a time where our parents and our children need us simultaneously – and frequently this is occurring during a period in our professional lives when our employers’ and […]
The Debt Left Behind by a Spouse
November 4, 2013
As discussed in a previous post, preparing for a death of a spouse can be extremely difficult and nearly unbearable to even think about. However, it is important to understand the financial impacts so that, if and when the time comes, the surviving spouse is equipped with the right information and is organized. This preparation […]
Property and Revocable Trusts – MN Estate Tax Update
October 23, 2013
Individuals that own property in multiple states often consider placing the property into a revocable trust for planning purposes. While this can be an effective planning technique, there are some important points to consider. For purposes of the new Minnesota estate tax [2], a Minnesota resident’s gross estate includes any property that is physically located […]
Think Before You Transfer
October 17, 2013
Clients often talk about transferring property either to other individuals, into a trust, or into a pass-through entity for a wide array of reasons. One of the top reasons is typically to avoid probate. Another reason can be for tax purposes. However, with the change in Minnesota law, there may now be adverse consequences to […]