We have posted a few updates on the 2013 MN Omnibus Tax Bill (the “Bill”) and the changes the Bill brings to MN’s estate and gift taxes (see Erik Doerr’s post, 2013 MN Omnibus Tax Bill, and Maggie Green’s post, Minnesota Gift Tax 2013). Another change that comes with the passing of this Bill is […]
I field this question every day. My response is always the same, it depends. So, when should someone consider a Trust-based estate plan*? Well, here are a few things to consider: Do you own property in another state? If so, a trust may be a good way to prevent the need for multiple probate proceedings. […]
In many posts, we have eluded to and discussed the basics on Medical Assistance (see: Jamie Held‘s Medical Assistance & Real Property and Jen Santini‘s Medical Assistance Basics for Minnesotans). Medical Assistance, or Medicaid as it is known, is the insurance program provided by counties to those who have no money of their own to […]
If Congress ultimately expands gun legislation, then it could have a profound impact on an individual’s ability to transfer guns to their beneficiaries. Bequeathing a gun in an estate is very different from passing on other personal property. Because a gun is a regulated piece of personal property at both the federal and state levels, […]
Make this your new year’s resolution. Or don’t. Either way, these six things should give you peace of mind that your family and friends will not struggle through the probate process. 1. Make a list of your stuff Create a simple list of your assets with corresponding values – use a ballpark value if you don’t […]
We have had many posts related to choosing guardians for your children should something happen to both parents before their children reach the age of majority: Appointing a Guardian for Minor Children, How to Choose A Guardian, among other miscellaneous references to the importance of having an estate plan when you have minor children. As […]
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 […]
When a spouse or parent passes away, the surviving spouse or children often worry about what will be left to them. This concern is not necessarily driven by greed but rather by the unknown of what will happen next. Are we going to be kicked out of the house? Will I be able to keep […]
One of the purposes of probate is to provide notice of the decedent’s death to creditors so that they can seek payment for any unpaid debts. As Jayne Sykora mentioned in her post, What Happens to Debt at Death, personal representatives are able to identify creditors of the estate through the decedent’s mail and bills. […]
Safe deposit boxes are a great resource to store and protect valuable assets. However, they can cause problems during an estate administration. The first issue that arises is the lack of knowledge that the decedent had a safe deposit box. Often the individual administering the estate is neither aware of the existence nor the location […]
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 […]