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Minneapolis Estate Planning and Probate Lawyer Blog

Thursday, April 2, 2020

COVID 19 (Coronavirus), Your Family Needs a Plan, Part 4. Get a Health Care Directive


A Minnesota Estate Planning Attorney Explains Why You Must Get a Health Care Directive NOW!

You can’t do everything to protect yourself or your family from the global pandemic created by coronavirus / COVID 19. But, there are some steps you can take to offer some guidance and assistance to others.

Get a health care directive now!

As you may know, hospitals and care facilities are being overrun and are overcrowded. They are now having to ban anyone but the patient from entering. More senior care and living facilities are locking down to ban anyone but staff from entering.


Read more . . .


Monday, March 23, 2020

What Is Guardianship?


Under certain circumstances, a court may act and appoint a person who will be tasked with making personal decisions for a person found to be incapable of making these decisions on their own. The appointed person is referred to as a “guardian.” The position they have taken on is referred to as a Read more . . .


Monday, March 16, 2020

COVID 19: Your Family Needs a Plan, Part 3


In the prior posts I’ve discussed steps you can take to help gain some control in this chaotic time of coronavirus / COVID 19 stress. As a brief recap, make sure you, and your loved ones, have the following:

  • A properly executed Minnesota Health Care Directive
  • A signed financial Power of Attorney
  • Talk to family members about their needs

This post is to provide information on a few free things you can do for some peace of mind.

If you already have a plan in place, review it. Do your current documents, Trust, Will, Powers of Attorney still accurately convey your wishes if something happens to you? The following is a brief list of things to consider when determining whether your current plan still serves your needs, and/or the needs of your family:

  • Will your executor or trustee be able to serve?
  • Is the named executor or successor trustee still the best person to help?
  • Check your beneficiaries named in your plans. Are they still living? Are they capable (responsible) enough to receive the asset?
  • Should they receive their bequest outright or have it held in trust for them?
  • Do you know where your signed original documents are located?

If you already have a revocable living trust, have your property transferred your asset to your trust? Most of your assets should be titled to your trust in order to avoid probate upon your death.


Read more . . .


Friday, March 13, 2020

Coronavirus / COVID 19: Your Family Needs a Plan, Part 2


As the news about coronavirus becomes increasingly scary and stressful, many of us are looking for ways to protect ourselves and our loved ones. We all need to feel we have some control as things get more chaotic and uncontrollable.

So, take control of the things you can, now. I am not a medical professional so will NOT offer advice on how to protect your physical selves. But, as a Minnesota estate planning lawyer with years of experience, I can tell you that clients feel safer, calmer and more in control when they put an estate plan in place.


Read more . . .


Wednesday, March 4, 2020

Coronavirus / COVID 19: Your Family Needs a Plan, Part 1

A Minnesota Estate Planning Attorney Explains that Estate Planning is Always Important: Not Just During Global Scares

You can’t open any news course, or social media platform, without being inundated with news, rumors, pictures or stories about coronavirus. In fact, I’ve had several clients reach out to me to discuss their estate plans given the fear of incapacity or death.

Given the relatively early stages of the coronavirus, it’s difficult to predict the long-term impacts it will have on us.  While I can’t offer much in the way of medical guidance, as an estate and trust attorney, I can discuss the ways in which you can prepare your family for any legal ramifications if someone is sick or worse.

So far, it appears that most of the deaths linked to coronavirus are for people who are over the age of 60.


Read more . . .


Friday, February 14, 2020

How Could the SECURE Act Impact Your Retirement?


The new year brought new laws. One major piece of legislation that went into effect on January 1st is the Setting Every Community Up for Retirement Act, also referred to as the SECURE Act. With people living longer, more and more people are found in the difficult position of outliving their retirement savings. The SECURE Act was enacted in the hopes of curbing this problem. The measures put in place by this newly effective law may have a substantial impact on how people will plan for retirement.
Read more . . .


Tuesday, February 4, 2020

What to Consider When Selecting a Guardian for Your Children?


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 care for your children in the best way possible.

Without thinking about who will raise your children should you ever be unable to do so, you risk putting your children through guardianship proceedings.


Read more . . .


Tuesday, January 14, 2020

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 has some far-reaching measures aimed at things like increasing access to financial accounts that provide tax advantages and helping people save so that they do not outlive their assets.
Read more . . .


Monday, December 16, 2019

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, Lucille. When the sisters were unable to find an assisted-living home nearby, they decided that their mother would move in with Abby’s family.

  • This arrangement led to a lot of common questions, such as:

  • How much respite should my sisters offer Abby?

  • Should their Mom’s name stay on the deed of the house?

  • Where will Mom go if I can’t keep taking care of her?

  • What, if any, should Abby receive for compensation for her effort?

  • What do we all feel comfortable with?

 Such discussions inevitably lead to discord. I often hear, “every conversation we have now ends with someone crying or hanging up, or both.


Read more . . .


Monday, December 9, 2019

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 chance for healing them afterward. There is no coming back from that and chances of reconciliation afterward is often nil. At best, the parties share an uneasy coexistence because of people of mutual concern, i.


Read more . . .


Monday, December 2, 2019

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 remembering to eat or is unable to property dress himself. You know he needs help and you want to assist him, but how?

If Dad is unable to dress or feed himself and you are concerned that continuing to live alone poses a risk, you may need to seek a guardianship.


Read more . . .


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From within Hennepin County Unique Estate Law represents clients throughout Minnesota, including Minneapolis, Edina, Bloomington, St. Louis Park, Minnetonka, Plymouth, Wayzata, Maple Grove, St. Paul, and Brooklyn Park.


9.3Chris Tymchuck

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