Pre-Planning for Death: Part 3


November 9, 2012
avatar

This is the final post in a three part series on pre-planning for your death. In the first part, terms related to pre-planning for your death were defined. In the second part, exactly what happens to your remains after you die was covered. Now, steps to pre-planning your funeral will be discussed. This series is […]

End of Life Decisions with a Guardianship


October 29, 2012
avatar

Earlier this month, a Hennepin County District Court Judge addressed the questions, “Who has the power to decide if a person under guardianship should be allowed to die?  Should it be the guardian …?  Should it be the Court …?”

Pre-Planning for Death: Part 2


October 24, 2012
avatar

This is the second in a three part series on pre-planning for your death. In the first part, terms related to pre-planning for your death were defined. In this part, exactly what happens to your remains after you die will be covered. Finally, steps to pre-planning your funeral will be discussed. This series is written […]

Digital assets and your fiduciaries


October 19, 2012
avatar

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 […]

Pre-Planning for Death: Part 1


October 2, 2012
avatar

This is the first in a three part series on pre-planning for your death. This series is written by Jill Sauber, a current law student and licensed mortician.    People often segue into talking about their own mortality or death by saying, “if something happens to me.” As though stating it in terms of “maybe” […]

QR Codes … for Estate Planning?


August 3, 2012
avatar

QR codes, those squares made of square dots arranged in a pattern that you scan with your smart phone, are popping up everywhere these days.  Consequently, I was not at all surprised when I saw a story on the local CBS evening news … QR Codes On Headstones: Preserving Personalities Of Those Passed.

Technology Outpaces the Law – Assisted Reproduction


June 25, 2012
avatar

Historically, determining a decedent’s heirs was easy – determine all of the decedent’s living family members on the date of decedent’s death and if decedent’s wife was pregnant on the date of his death, wait to see if the child is born alive.  Now, however, science has provided us with the ability to freeze genetic […]

Life Insurance Policy Review…A Disaster or Solution Waiting to Happen?


May 28, 2012
avatar

For insured’s under the misperception that their life insurance policy is iron clad simply because they pay their annually billed premium, these folks may be in for an abrupt and expensive surprise.  Many policies are designed to stay in force only on the basis of critical assumptions being met or exceeded over the life of […]

What is probate and do you need to avoid it?


May 2, 2012
avatar

My clients frequently claim that their number one goal in establishing an estate plan is to “avoid probate.” Upon further discussion, I discover that most have a number of misconceptions regarding what probate actually is. Probate Probate is, quite simply, the legal process by which assets owned by a decedent are transferred to the rightful […]

Attorney Under the Weather? Tough Luck, says the IRS


April 11, 2012
avatar

Although most of us would consider our estate planning attorney to be superhuman, the fact of the matter is that sometimes they are unable to perform their duties.  In a recent case, the district court found that the physical and mental ailments of an estate planning attorney did not provide reasonable cause for the estate […]

Escheat: Could It Happen To Your Estate?


April 9, 2012
avatar

Escheat is the forfeit of all property to the state when a person dies without heirs, descendants, or named beneficiaries. Escheat of property occurs when it appears from a petition or application for probate, or otherwise in a proceeding in a court, that a decedent left surviving no spouse or kindred. A court then will […]