Conversion of an Exempt Asset


October 27, 2015
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As I wrote in my past article, Hands Off, Creditors!, when someone passes away intestate in Minnesota there are several assets that pass to a surviving spouse and/or children free from claims and creditors. As a reminder, those assets are: The homestead (under Minn. Stat. §524.2-402); Exempt property, which includes one vehicle (regardless of value) […]

Donor Advised Funds go Mainstream


October 22, 2015
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In the four years since this site last addressed Donor Advised Funds, this tax planning tool has grown significantly in popularity. Between 2011 and 2013, total assets in Donor Advised Funds grew from $38 billion to almost $54 billion, and the trend doesn’t seem to show any signs of slowing down. While many advisors consider […]

Nuts and Bolts of Real Estate Filings in Minnesota for Estates and Trusts Professionals


October 14, 2015
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As a freelance probate and estate planning legal assistant/paralegal (call me what you like) I work with a lot of real estate documents.  Most commonly I’m involved in preparing and recording… Quit Claim Deeds transferring property into a trust; Deeds of Distribution distributing property out of an estate; Trustee’s Deeds (along with an accompanying Certificate […]

Safely storing and sharing passwords


October 7, 2015
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Maintaining passwords is an evolving game. Experts recommend that you keep different passwords for each online account, all with at least 8 characters comprised of uppercase, lowercase and at least one number/symbol. Personally, this is too much for me to keep track of and so I use a password manager. Many of you may be […]

Is the will I had drafted in another state OK to use in Minnesota?


September 21, 2015
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  Minnesota is a pretty amazing state. We have great parks, great educational and business opportunities, great health care, and — let’s face it, — we’re ridiculously good looking.[1] But for all its up-sides, those perks come with a cost. First, Minnesota can be an expensive place. Also, it gets cold. So it’s no surprise […]

Robin Williams’ Estate: (Update) Subject to Probate?


September 15, 2015
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In August 2014, I posted an article about Robin Williams’ estate plan.  Now, 13 months after his death more details have been revealed regarding his estate plan and unfortunately, the court battles have begun. So the good news.  Robin did have an estate plan; an updated estate plan to boot.  He was married in 2011, […]

The Expert Institute’s Best Legal Blog Competition


September 8, 2015
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Epilawg is in the running for The Expert Institute’s Best Legal Blog Competition! The competition will run from August 27th until the close of voting at 12:00 AM on October 9th, at which point the votes will be tallied and the winners announced. We would love it if you took a moment to support Epilawg by voting for […]

Drafting Considerations from a Corporate Trustee


August 27, 2015
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As a Relationship Manager for a corporate fiduciary, I am often asked by my peers in the estate planning community about typical problem areas to keep in mind when drafting a trust document. Here are three topics to closely consider to ensure the grantor’s intentions are met: Outside Resources A standard question most planners will […]

Delegation of Powers by Parent or Guardian


August 20, 2015
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Parents, legal custodians, or legal guardians periodically find themselves in a position that necessitates granting power to another adult regarding the care, custody, or property of a minor child or incapacitated person (ward). Examples may include a vacation out of state or country, a long term illness, or other extenuating circumstances.  One way to delegate […]

Pros & Cons of Joint Tenancy


August 11, 2015
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A comprehensive estate plan deals with multiple types of property; from probate assets that pass through your will, to non-probate assets that pass outside a will via a trust or beneficiary designation, to jointly held assets, which pass automatically at the time of the first death. One of the most common joint assets people hold […]

Succession Planning for Your Company and Your Retirement


August 6, 2015
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You have built a successful company. Now you are starting to think about the potential for retirement. Retiring is a bit more complicated when you own the company. Your reputation, core values, personality, and relationships have been integral to growing a successful company. Here is a process to begin outlining your succession plan. Are you […]