What You Need To Know About The MN Trust Code For Drafters Part I: The Basics

Jennifer Santini / November 24, 2015
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It has been mentioned here on Epilawg a few times already that Minnesota adopted a new trust statute. The specifics of the Minnesota Trust Code can be found in Minn. Ch. 501C (“MN Trust Code”) and has come to fruition by the countless hours and effort of a committee of local trusts and estates attorneys. […]

Avoiding Power of Attorney Abuse

Maggie Green / July 26, 2013
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In a previous post I spelled out the basics of the changes made to Minnesota’s Statutory Short Form Power of Attorney that will take effect January 1, 2014. As I mentioned, many of these changes were made to address the potential for abuse. Indeed, a Power of Attorney document gives broad and sweeping powers to […]

Summary of changes to the MN Statutory Short Form Power of Attorney

Maggie Green / June 19, 2013
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Minnesota’s legislators have been busy working up new and exciting changes to Minnesota’s estate planning landscape. Perhaps less controversial and less exciting, (and, some would argue, more concrete) than the new Minnesota Gift Tax, this article will summarize some of the changes made to the Minnesota Statutory Short Form Power of Attorney document.  With its […]

Successor Attorney-in-Fact

Jayne Sykora / April 11, 2013
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One goal of estate planning is to plan for the unforeseen. To do this, in most estate planning documents, a successor is typically named for each primary role. That way, if the primary person(s) that have been nominated in a given role become unavailable or unwilling to act in the role assigned, the successor can […]

Obligations & Liabilities of Attorneys-in-Fact

Jayne Sykora / March 14, 2013
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In previous posts, the importance of having a Power of Attorney has been discussed (see Maggie Green‘s “The Power of Attorney In Real Life” and my post “Powers of Attorney: The Basics”). In general, the document is a good one to have while you are alive to ensure that important documents and other financial matters […]

PROFESSIONAL FIDUCIARIES: WHO NEEDS THEM?

Lori Manning / December 12, 2012
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People need fiduciaries for a variety of reasons, but this article is written with elderly people who are incapacitated by dementia in mind. Dementia is an umbrella term that describes a variety of diseases that affect memory, attention, language, and problem solving abilities to such an extent that daily living is seriously affected.   I […]

Digital assets and your fiduciaries

Maggie Green / October 19, 2012
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Here on Epilawg, we already have great articles about the estate planning for social media accounts and the importance of having an estate plan that addresses ownership of digital art. This article will address the importance of giving fiduciaries information about digital assets for a smooth management of your incapacity plan and the proper administration of your estate plan. It makes […]

The “Power of Attorney” in Real Life

Maggie Green / September 25, 2012
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Some clients know how important the Power of Attorney document is. They may have acted as attorney-in-fact for a spouse or an elderly relative. Or they may have experienced first hand the challenges created when someone hasn’t executed a valid Power of Attorney. The Power of Attorney (aka POA) names an attorney-in-fact to make financial […]

Wedding Bells Ringing?

Jennifer Santini / December 12, 2010
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Each year thousands of people who will be getting married need to consider whether or not they will change their last name.  This no longer applies just to women. More often, men are considering changing their last name and more same-sex marriages are occurring.  If an individual does decide to change his or her last […]

Powers of Attorney: The Basics

Jayne Sykora / November 25, 2010
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Powers of Attorney are quickly becoming a very useful estate planning tool.  People are living longer, so there is greater likelihood that persons will need assistance managing their affairs due to some sort of disability or incapacity. A Power of Attorney is useful because it allows a person (the principal) to select an agent (their attorney-in-fact) to […]

Key Players in Your Estate Plan

Jennifer Santini / October 1, 2010
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While most estate planning attorneys prefer that clients review their estate planning documents on an annual basis to ensure that all key information is kept up-to-date, it is evident that this is not always the case. Since more often than not clients have their estate plans drafted and then file the documents away, never to […]