Grappling with the thought that you might not be there to raise your children can be one of the most difficult and important things for you to process. The selection of a guardian for your children will help ensure that you trust the person who will care for your children and know that they will…
Continue reading…What Is the SECURE Act?
On December 20, 2019, President Trump signed a major piece of legislation called the Setting Every Community Up for Retirement Act (SECURE Act). The bipartisan bill became effective on January 1, 2020, and its goal is to help Americans with something they have long struggled with, the ability to save for retirement. The SECURE Act…
Continue reading…Elder Care Mediation Series, Part 2: An Example
A Certified Elder Care Mediation Specialist Explains Why Mediation Can Help Families in Dealing with An Parent in Need of Elder Care Growing up siblings, Abby, Bonnie and Carolyn Olsen, were always close, but after their father died unexpectedly they found their relationship strained. They did not know what to do for their 80-year-old mother,…
Continue reading…Elder Care Mediation Series, Part 1: What Is It?
A Guardianship and Elder Care Mediator Contested guardianship cases, like contested divorces, are often lose-lose encounters. Though someone will eventually emerge the “winner” by judicial decree, the emotional and financial cost to both sides often renders it a Phyrric victory. The battle only deepens the wounds which kindled the contest, and there is even less…
Continue reading…GUARDIANSHIP SERIES, PART I: WHAT IS A GUARDIANSHIP?
A Minnesota Guardianship Attorney Explains What It Means to be a Guardian. It’s that time of year when family is back together, maybe for the first time in months or years. In spending time with your Dad, you make the heart-wrenching discovery that he has become incapable of caring for himself. Perhaps he has difficulty…
Continue reading…How Long Does Probate Take in Minnesota?
Probate is the process in which a deceased person’s assets are gathered, debts are paid, and assets are distributed to beneficiaries. Basically, it is the court-overseen process of wrapping up a person’s affairs. Probate can be a lengthy process. In fact, the time it takes for probate to complete is a major reason many people…
Continue reading…Impact of Court Challenge of Minnesota Trust Taxation
Challenges to Minnesota’s trust taxation have weaved their way through the court system. Those who incurred tax liability on trusts fought the taxation and won. After appeals affirmed lower court decisions, the issue was finally submitted to the U.S. Supreme Court. The U.S. Supreme Court declined to rule on the issue, which made the Minnesota…
Continue reading…Grounds for Contesting a Will
A will is a legal instrument utilized to, among other things, establish the terms of distributing the assets of a decedent’s estate to his or her heirs. In some instances, an heir or beneficiary may be upset with the terms of the will or may think the will does not accurately reflect the true wishes…
Continue reading…Minnesota Trust Taxation
On June 28th, the Supreme Court denied review of a Minnesota case regarding the state’s taxation of trust income. The 2014 case was about Minnesota’s taxation of the income generated by four trusts. While the trustee, William Fielding, paid the tax bill, he filed suit after he was denied a $1 million refund, which represented…
Continue reading…Probate and the Personal Representative, A Series: Part IV, Does the Personal Representative Fee Get Taxed?
A Minnesota Probate Attorney Verifies That Payments to Compensate a Personal Representative (Executor) Are Taxable You agree to act as the Personal Representative of your sister’s Estate. After a few months you realize that serving as her personal representative takes a lot of time. You have to take time off work to clean out her…
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