After Hours with Philip J. Ruce


August 28, 2014
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Employer: Stone Arch Law Office, PLLC Position: Attorney Location: Minneapolis Education: University of Minnesota (B.A.), William Mitchell College of Law (J.D.), Thomas Jefferson School of Law (LL.M.) How long have you been practicing? I opened my practice in February of 2014 after spending six years in trust and estate administration. What led you to practice […]

Godparents & Guardians: Two Different Roles


August 22, 2014
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I often hear in conversation (and I once believed this too!) that if a minor child has godparents, then the same people will be legal guardians of the child if something happens to the child’s parents. This is not true. Godparents and guardians are two different roles and are appointed in different ways. Godparents A […]

Robin Williams’ Estate: Subject to California Probate?


August 19, 2014
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As everyone mourns the death of Robin Williams and reflects on his tremendous talents, we estate planning attorneys can’t help but wonder, did Robin Williams do any estate planning? It is apparent that Robin Williams had a very successful career. What is unclear is the true value of his estate. Some reports indicate that Robin […]

Designating Authority for Business Owners


August 12, 2014
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I know, I know… you have read it over and over again here on Epilawg that it is important to have documents in place for times of incapacity. Yet, as Jayne Sykora and I just attended a conference together, I was reminded of the importance to do so particularly if you own a business. As […]

Non-Compete Agreements


August 1, 2014
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One item that many employers have begun to use extensively with employees is a non-compete agreement. The main goal of a non-compete agreement (“non-compete”) is for an employer to protect its goodwill, trade secrets and confidential information upon an employee leaving that employer and, presumably, working for a competitor of the employer. A non-compete could […]

MN Public Benefit Corporation Act


July 23, 2014
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More and more business owners are incorporating a charitable intent or purpose into their companies. However, many still wish to remain a for-profit business and therefore do not apply for non-profit or tax-exempt status. Recently, the Minnesota legislature and Governor Dayton passed into law the Minnesota Public Benefit Corporation Act, which allows a business to […]

Supreme Court Rules on Inherited IRAs


July 17, 2014
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On June 12, 2014, the U.S. Supreme Court ruled on a divisive bankruptcy and estate planning case.  At issue was whether an individual retirement account (“IRA”) that a debtor inherited was exempt from the debtor’s bankruptcy estate under the Bankruptcy Code.  The Bankruptcy Code permits a debtor to protect assets that are in a “retirement […]

Independent Contractors


July 15, 2014
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Some of the small business clients I work with often want to hire an independent contractor versus bringing on a permanent employee. The use of independent contractors is very attractive to businesses because it can reduce the business’s exposure to employment-related lawsuits and reduce the business’s tax burden (i.e., no income tax withholding, Social Security […]

Review, Review, Review!


July 3, 2014
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When we assist clients with drafting their estate plans, we try to draft a plan that will grow and evolve with them overtime. However, this does not mean that clients should stick their plans into a drawer and forget about them – never to review the plan again before they pass away. Instead, clients should […]

A New Development in Euthanasia


July 1, 2014
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Earlier this year, the law making body in Belgium passed a law removing the age restriction on the country’s euthanasia law.  Belgium has allowed euthanasia since 2002.

The Constant Fear of “Rejection” When Drafting Real Estate Deeds


June 25, 2014
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When drafting real estate deeds (even though the Minnesota Uniform Conveyancing Blanks forms look relatively simple) there are several statutory-specific rules that inevitably lead to the return of your deed with a “rejection letter” from the county recorder. Here are some of the common mistakes made when drafting real estate deeds: Marital Status Omitted You […]