Minnesota Changes Agricultural Statute


August 9, 2017
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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
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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’ […]

Prince Leaves a Complex, Unplanned Estate


May 4, 2016
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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 […]

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Using a Testamentary Letter to Explain Your Estate Plan


January 20, 2016
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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
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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
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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
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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 […]

Selling Real Estate Out of a Conservatorship


February 23, 2015
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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 […]