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 […]
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 […]
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 […]
“D.I.Y.” You probably see that acronym often. It stands for “Do-It-Yourself” and is often used when discussing home repairs, decorating projects, or gift ideas. For example, if I need to fix a small chip in the paint on my wall, I may try to do it myself instead of hiring a painter to do it […]
Ongoing changes to family structures in modern society have increased the occurrence of half-blood survivors of decedents. When a decedent dies without a will, they are said to have died “intestate.” Each state has enacted intestate-succession laws, which provide rules for the distribution of assets in the absence of a will. These intestacy laws dictate […]
In my first Epilawg installment, I wrote on the estate-planning needs of people with diminished capacity. This blog post will dive into the discussion that takes place at a first meeting with a client. People with diminished capacity will nearly always come to the meeting accompanied by a spouse, child, or loved one. This is […]
Divorcing couples likely feel relief once they learn that the court has signed an order legally ending the marriage. However, just because the order is signed does not mean the divorce process is done – new deeds need to be recorded, mortgages assumed by one party or the other, credit cards paid off and closed, […]
Life insurance is not something many people think of when it comes to estate planning. Let’s face it, it’s a boring product that people tend to think of when they are getting a mortgage! However, you may not realize that top professionals in estate planning work along with insurance pros to use life insurance as […]
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’ […]
A new report from PHI and LeadingAge Minnesota paints a clear picture of Minnesota’s changing demographics and its impact on providing care at home to elderly parents. Here are just a couple of the facts from the State of Care: Minnesota’s Home Care Landscape report: By 2020, for the first time in history, Minnesota’s 65+ […]
There are many forms of Health Care Directives online – different styles and formats. It is often emphasized that, more than filling out the form, it’s the conversations it can spark that are really impactful. That is of course an excellent point, but I think simply getting people to fill out the form is pretty […]