Statutory Presumptions Minnesota statutes provide a set of default interpretations for some of the language used in Minnesota wills.1 Unless a will includes language to the contrary, these statutes provide interpretations for things such as what property can be passed via will, what happens when a beneficiary dies before the testator, how and when gifts might […]
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 […]
One of the purposes of probate is to provide notice of the decedent’s death to creditors so that they can seek payment for any unpaid debts. As Jayne Sykora mentioned in her post, What Happens to Debt at Death, personal representatives are able to identify creditors of the estate through the decedent’s mail and bills. […]
PART IV: HOW? DETERMINING THE TOOLS. “When an artist of talent makes a painting or a sculpture, he is always aware of the potentials and limitations of his materials; the better the artist, the more likely he is to know just what he can and cannot do with them.” ~Bruce Cole, Art Scholar and Senior […]
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 […]
Part III: Who? Identifying The Participants. “All the world’s a stage, And all the men and women merely players: They have their exits and their entrances; And one man in his time plays many parts[.]” ~ William Shakespeare’s As You Like It In addition to making clients face their own mortality, estate planning presents an […]
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 […]
Personal representatives and trustees are commonly responsible for distributing real property from an estate or trust to its designated beneficiaries. Such distributions present unique challenges for personal representatives, trustees, and beneficiaries alike. To this end, there are several considerations that should be made prior to distributing real property from an estate or trust.
What happens to your medical records when you die? Who has access to them? How long are they retained? Why are we asking these questions? When someone dies, medical records can be important for several reasons: 1) If the decedent owned a life insurance policy, the insurance company may need the records when processing the […]
It’s a new year! Time to dust of your estate plan and review your documents. While not much may have changed, if anything for that matter, it is still useful to perform an estate plan audit on a regular basis to ensure your documents are always kept up to date. Did you have mom and […]
Anyone who attended a Twin Cities Pride event this summer can attest to the vitality of Minnesota’s gay, lesbian, bisexual, and transgender (GLBT) community. The turnout and support for the GLBT community proved Minneapolis deserving of the honor, “Gayest City in America,” bestowed on the city earlier this year by The Advocate. As an estate […]