Cemetery Lots, Burial Plots, Mausoleums, and Niches: Investing in Your Future, Part 5

Jill Sauber / October 27, 2017
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Definition of Terms “Alkaline hydrolysis” (coined “wet cremation”) means the reduction of a dead human body to essential elements through a water-based dissolution process using alkaline chemicals, heat, agitation, and pressure to accelerate natural decomposition; the processing of the hydrolyzed remains after removal from the alkaline hydrolysis vessel; placement of the processed remains in a […]

Cemetery Lots, Burial Plots, Mausoleums, and Niches: Investing in Your Future, Part 4

Jill Sauber / October 18, 2017
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Ownership of a Cemetery Lot Purchasing a cemetery lot is not an absolute title to the land, but it is sometimes designated as an easement, privilege, right (of burial), or license. Despite this, an owner is able to sue cemetery owners or strangers for disturbing the lot without consent while the lot is used as […]

Cemetery Lots, Burial Plots, Mausoleums, and Niches: Investing in Your Future, Part 3

Jill Sauber / October 9, 2017
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Cremation, Burial, Whole Body Donation: Who Can Decide? The right to control the remains of a dead human body, including the location and conditions of final disposition, vests in the people listed below, in order of priority, unless other directions have been given pursuant to the decedent’s valid Will or Advanced Directive: The agent(s) listed […]

Cemetery Lots, Burial Plots, Mausoleums, and Niches: Investing in Your Future, Part 2

Jill Sauber / October 4, 2017
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Funeral Service Types With the advent of cremation, green burials, and alkaline hydrolysis (oddly referred to as “wet cremation”), funerals can be as unique as an individual. When a person pre-plans their funeral, they can plan as much or as little as they would like, but, at minimum, they choose a type of service (traditional […]

Cemetery Lots, Burial Plots, Mausoleums, and Niches: Investing in Your Future, Part 1

Jill Sauber / September 29, 2017
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Questions regarding final disposition of human remains and the legal right to control such disposition sometimes become litigated issues during estate planning, long-term care planning, or probate.  Estate planning and elder law attorneys should be aware of how a person purchases burial space, prepays for funeral services, or transfers/sells rights to burial space.  Whether you […]

ABLE Accounts

Jill Sauber / September 27, 2017
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The Achieving a Better Life Experience Act (ABLE Act) was enacted on December 19, 2014.   Minnesota enacted ABLE accounts into law in 2015.  An ABLE account is established through a savings plan known as the Minnesota ABLE Plan in compliance with Minn. Stat. § 256Q.01. ABLE accounts are tax-exempt accounts (treated like 529 Plans) that […]

Diminished Capacity and Estate Planning

Courtney Sebo / June 30, 2017
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As anyone who has created an estate plan knows, in order to finalize the plan, you must sign documents.  These documents may be wills, trusts, powers of attorney, health care directives, deeds, or any other related form or document.  In order to sign these documents, a person must have sufficient capacity, otherwise the documents may […]

Estate Planning: Planning for the Physical Care of Children in Minnesota

Michael Divine / August 16, 2016
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This article discusses some of the legal documents that can assist in planning for the physical care of a minor child in the event of a parent’s death or incapacity. Minnesota law provides that a parent may appoint a guardian over a minor child by will, designation of standby guardian, or certain other signed writings […]

SECTION 179 – WHAT IS IT AND WHAT IS NEW FOR 2016

Erik Doerr / July 18, 2016
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Recently we have been meeting with many of our clients to discuss operational results for the first half of the year. Generally speaking, business is up from last year for my clients. As a result, people are starting to think about the higher tax bill they are likely to encounter. With higher tax bills looming […]

Life Insurance for Family Business Owners

Bob Cohen / April 5, 2016
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Owners of family businesses often find themselves in a dilemma over how to treat their adult children fairly when one or more is interested and capable of taking over the business and the other adult children are not.  Certainly, the owners are not about to turn over their life’s work to anyone (their closest kin […]

The Power to Revoke at Any Moment

Sarah Sicheneder / March 17, 2016
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A popular saying goes “bad planning on your part does not constitute an emergency on my part.”  Estate planners cannot rely on such platitudes.  It is our job to fix bad planning especially in emergency situations which often involve quickly revoking one or all prior estate planning documents.  This article provides guidance on revoking the […]