Top 5 tips for helping our aging parents (and clients) declutter A House Full of “Stuff” If you’re an adult with aging parents, chances are you’re probably going to be dealing with a house full of “stuff” in the near future. My dad still lives in the same house that he and my mom bought […]
The Importance of Properly Establishing Tenancies to Carry Out Your Intended Desires
September 13, 2017
Whether you own a property as joint tenants or tenants in common can make a big difference as to what you own and how that plays out for estate planning. Joint tenants own an undivided interest in the real property whereas tenants in common own a specific percentage of the property. With joint tenancy, title […]
Minnesota Changes Agricultural Statute
August 9, 2017
As of August 1st of this year, agriculturalists will now be benefited by a change in Minnesota Statutes Section 500.24. The statute has been amended in order to eliminate the need for Revocable Trusts to file with the Minnesota Department of Agriculture. Previously, Certificate Holders, including Revocable Trusts, were required to be certified and submit […]
Whose House Is It? Surviving-Spouse Property Right
July 27, 2017
Despite the piles of paperwork many find the process of purchasing a house to be exciting. Watching the realtor slap a “SOLD” sticker across the sign, and having a set of keys slid across the closing table are moments many people remember fondly. Over time that house becomes a home. Memories are made as kids’ […]
Millennials vs. Baby-Boomers: Selling an Outdated House in Today’s Real Estate Market
August 4, 2016
The Problem There is a great divide in the current real estate market caused by the large percentage of homes being sold by baby-boomers and older generations or their heirs. Many of these homes are outdated and unappealing to Millennials and Gen Xers, who comprise 61% of all buyers and more than 80% of first-time […]
Prince Leaves a Complex, Unplanned Estate
May 4, 2016
Unfortunately, too many recent newsletters have focused on the death of musical legends. This month left us with another untimely death. Prince, whose legal name was Prince Rogers Nelson, died on April 21st at his Paisley Park recording studio and home in Chanhassen, Minnesota. As unbelievable as it may seem, according to his sister, Tyka […]
Using a Testamentary Letter to Explain Your Estate Plan
January 20, 2016
Your estate plan likely includes formal documents (a will, perhaps one or more trusts) that direct transfers of your property when you die. But those documents won’t identify each and every item to be transferred. Eventually, whoever settles your affairs will find a sentence in one of your documents such as “I leave the rest […]
Excluded Assets for Medical Assistance: Homestead
December 3, 2015
In Minnesota, it is important to know which assets are excluded for Medicaid/Medical Assistance (MA) eligibility purposes when contemplating MA Long-Term Care benefits for individuals who are 65 years of age or older, blind, or disabled. This article focuses on excluded assets for MA eligibility purposes, and will not detail income requirements, asset allowances for […]
Nuts and Bolts of Real Estate Filings in Minnesota for Estates and Trusts Professionals
October 14, 2015
As a freelance probate and estate planning legal assistant/paralegal (call me what you like) I work with a lot of real estate documents. Most commonly I’m involved in preparing and recording… Quit Claim Deeds transferring property into a trust; Deeds of Distribution distributing property out of an estate; Trustee’s Deeds (along with an accompanying Certificate […]
Pros & Cons of Joint Tenancy
August 11, 2015
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 […]
Selling Real Estate Out of a Conservatorship
February 23, 2015
Last fall, I covered the basics on conservatorships (see: Conservatorship Basics Part 1 and Part 2). As a review, a conservatorship is needed when an adult individual is impaired to the extent of lacking sufficient understanding or capacity to make or communicate responsible personal decisions, and who has demonstrated deficits with managing property and business […]