In November 2004, a US Marine named Justin Ellsworth was killed in action in Iraq. His parents wanted access to Justin’s email account and asked Yahoo! for help. Yahoo! said no; allowing anyone access to another person’s email account is against their terms of service. Ellsworth’s parents decided to take Yahoo! to court and on […]
Most people that are nominated as a Personal Representative of a decedent’s estate do not know the duties – or the amount of time – that come along with the nomination. In short, the main responsibility of the Personal Representative is to take possession of and manage, protect and preserve the assets of the decedent. […]
In a recent post entitled, A Case for Health Care Directives, Ms. Green introduced us to Al Barnes, an 85-year-old from Scandia, Minnesota, diagnosed with dementia, kidney failure, and mental incapacity. On Wednesday, the court battle over who has authority to make medical decisions on his behalf was back in full swing.
In the Minneapolis-St.Paul Star Tribune today, Jeremy Olson reports on a woman’s battle to maintain control over her husband’s medical decisions. With diagnoses of dementia, kidney failure, and mental incapacity, Al Barnes needs someone to make his health care decisions for him. Up until recently, Al’s wife Lana was that person. Lana Barnes was designated […]
The picture of the American family has evolved greatly over the last few decades, creating more considerations when it comes to estate planning. Blended families can be characterized in a wide variety of ways including, but not limited to, families with divorced parents, remarried parents, deceased parents, half-siblings and step-siblings. With the prominence of blended […]
Employer: Law Office of Sarah Gohl Isabel Position: Attorney Location: St. Paul, Minnesota Education: JD & LLM, Duke University; BA, Eureka College Questions How long have you been practicing? I am entering into my tenth year of practice. This is my first year of solo practice. I previously worked for two large law firms in Atlanta, Georgia. When […]
Death may be universal, but how it has been handled varies significantly from culture to culture. Below is a very small sampling: Ancient Egypt Funerals, or the rituals surrounding death, were at the heart of public life in ancient Egypt. The pyramids, Valley of the Kings, and King Tut’s tomb are all evidence of the […]
The duty of independence requires that the trustee remain independent from and impartial to the various beneficiaries. Bogert’s Trusts and Trustees explains, “A trustee who holds for successive beneficiaries owes a duty to them to administer the trust with impartial consideration for the interests of all the beneficiaries. He [or she] should not unnecessarily show […]
Naming a Guardian for your minor child(ren) is a difficult task. There is no perfect choice because there is no second you. However, it must be done. The alternate to you naming a Guardian is a judge, who does not know you, your children, or the guardian options, making the choice for you. WHO TO […]
This past year a college friend passed away. I realized that this was the closest and most poignant death I faced since joining Facebook and realized that this social media outlet has changed the process of grieving.
As 2010 came to a close, the professional advisor community felt continued uncertainty about the estate tax come back amidst year-long congressional inaction; however, after a brief battle and a valiant show of bi-partisanship in both the Senate and the House, President Obama signed the Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of […]