Many people realize when creating a will the possibility that a beneficiary could contest their wishes if an uneven or unexpected distribution takes place. When creating a will, some may wish to favor one beneficiary over another, while others may wish to benefit a non-profit or charity instead of a familial beneficiary. The most likely […]
2013 MN Omnibus Tax Bill
May 28, 2013
I wanted to write and let you know the latest on the bill that has made it through both the house and the senate in Minnesota and was signed into law by Governor Dayton on May 23, 2013. Here are the highlights as they apply to income, gift, and estate taxes. There are a number […]
Domestic Asset Protection Trusts
May 22, 2013
Often, clients ask if there is way to shelter their assets from creditors. In Minnesota, the short answer is: no. However, in a handful of states, there is a trust that could allow for someone to shelter their assets from potential creditors – or at least, minimize what the creditors could obtain. While we have […]
5 Quick Tips for Trustees on Upholding Fiduciary Duties & Avoiding Conflicts
May 20, 2013
Serving as a trustee is not to be taken lightly. This is because in the context of trusts and estates, a fiduciary relationship exists between the trustee (a/k/a fiduciary) who holds and keeps a property interest for the benefit of one or more other people (a/k/a the beneficiaries). A fiduciary relationship has both legal and […]
Frank Sinatra
May 14, 2013
December 12, 1915 – May 14, 1998 It has been 15 years since Ol’ Blue Eyes passed away at the age of 82. Frank Sinatra’s legacy lives on and needs little introduction. Famous for his music and movies, Frank is an iconic celebrity even in death. He was a member of the Rat Pack – […]
Wrongful Death Cases
May 8, 2013
When a loved one dies from a wrongful or negligent act of another, knowing where to begin the legal process can be difficult. When you bring a wrongful death case in Minnesota, there are a few things that you should know. First, there are strict time limits on how long you have to initiate the […]
Assets that Affect Financial Aid
May 6, 2013
If you are a parent of a high school student who will be going off to college soon, or you are starting college yourself, there’s a good chance you’re thinking about applying for financial aid. According to the National Center for Education Statistics, 66% of all undergraduates received some form of financial aid in 2007—08. […]
Here comes Uncertainty … again.
May 2, 2013
We all know the saying about death and taxes being the only certainty in life. Well, ironically, there is very little certainty when it comes to the “Death Taxes.” Just this week, I received a newsletter from an Illinois attorney, Manish Bhatia, in which he explained how President Obama’s new tax proposal included changes to […]
Disposition of Remains: A Difficult, but Necessary Discussion
April 30, 2013
What happens when one dies without a Health Care Directive and has specific wishes regarding the disposition of his or her body? What happens when a dispute occurs amongst remaining loved ones who have differing opinions about the disposition of the deceased’s body? These are important questions to examine when considering whether or not to […]
Neither Snow nor Rain: How Technology is Reducing Our Reliance on Mail in Estate Settlement.
April 24, 2013
“Neither snow nor rain nor heat nor gloom of night stays these couriers from the swift completion of their appointed rounds.” – Unofficial creed of the United States Postal Service Each and every time I’m called-upon to settle an estate, one of my first tasks is to change the decedent’s mailing address. I do this – […]
After Hours With Heather Gilbert
April 22, 2013
Name: Heather Gilbert Employer: Gilbert Law PLLC – http://www.gilbertlawpllc.com/ Position: Attorney Location: Roseville, MN Education: Juris Doctor, cum laude, William Mitchell College of Law How long have you been practicing? 1 year What led you to practice in the area of estate planning? I enjoy the client interaction and helping my clients make important plans […]

