I am familiar with the American Cancer Society; as I am sure most people are … their healthy living campaigns, push for early detection, and tireless efforts researching cancer causes and cures. However, the American Cancer Society offers a great deal more, particularly in the area of supporting those currently undergoing treatment for cancer. I was […]
One of the main goals at Epilawg is to help you plan your own epilogue to your life. Many of the posts here discuss passing on what you’ve accumulated during your lifetime to your loved ones. However, what if everything you accumulated throughout your life is lost because of your health? Because you did not […]
Earlier this month, a Hennepin County District Court Judge addressed the questions, “Who has the power to decide if a person under guardianship should be allowed to die? Should it be the guardian …? Should it be the Court …?”
Here on Epilawg, we already have great articles about the estate planning for social media accounts and the importance of having an estate plan that addresses ownership of digital art. This article will address the importance of giving fiduciaries information about digital assets for a smooth management of your incapacity plan and the proper administration of your estate plan. It makes […]
What is a Guardianship? A guardianship is a determination by the Court that a person (proposed ward) is incapacitated. The judge must make this decision based upon clear and convincing evidence. “Incapacitated person” means an individual who is impaired to the extent of lacking sufficient understanding or capacity to make or communicate responsible personal decisions, […]
The New York Times Magazine recently ran an article on life settlements or viatical settlements. These settlements are the process in which individuals sell their life insurance policies to investors to receive cash now. As the article notes, “Life insurance is designed to benefit the living, a spouse or heirs, not those who perish.” However, […]
Every now and again a client will ask for a life estate to be created; however, most often the client does not understand what exactly it is, how it is created or the potential benefits and pitfalls of creating such an estate. In this post, I will attempt to give a basic overview of a […]
Minnesota has a professional firms act that requires licensed professionals (as defined in MN Statute 319B.02 subd.19) to, among other things, register their business as a professional firm. One particular requirement of the statute, that all owners of the business be licensed professionals, often makes succession planning a challenge. Under most circumstances, an LLC member […]
Suppose your aging mother asks your sister to take care of her finances and help her to balance her checkbook. You live out of town, and think it’s a great idea. To make things easier, your mother adds your sister as a joint owner of her bank account. When your mother dies, her Will leaves […]
Across the board, the significant majority of personal injury lawsuits and workers’ compensation claims are resolved through settlement. The reasons for the high percentage of cases that settle are myriad. Our crowded court system and resulting delays can wear down litigants; the increase in alternative dispute resolution helps cases resolve before trial; the inherent unpredictability […]
What happens to your medical records when you die? Who has access to them? How long are they retained? Why are we asking these questions? When someone dies, medical records can be important for several reasons: 1) If the decedent owned a life insurance policy, the insurance company may need the records when processing the […]