Have you named a child or spouse as the beneficiary on your bank account and assumed that takes care of everything? In Minnesota, a payable-on-death, or POD, account passes directly to the named beneficiary when you die. It does not go through probate, and it does not follow the instructions in your will. That can…
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Do I Need a Lawyer for Probate in Minnesota?
Do you really need a lawyer to get through probate in Minnesota, or can you handle it on your own? In many cases, you are not legally required to hire a lawyer for probate. That said, whether you should depends on the size of the estate, the type of assets involved, and how well the…
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Can Your Spouse Override Your Health Care Directive?
Can your spouse step in and change your medical decisions if you have already put them in writing? In most cases, no. In Minnesota, a valid health care directive controls your care, even if your spouse disagrees, unless a court invalidates the document or you specifically gave your spouse that authority. When you are facing…
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How to Handle the Death of an Executor
What happens if the person you named to handle your estate passes away before your estate is settled? It’s a common concern, and the good news is that Minnesota law provides a clear path forward. Still, the process is far easier when successor executors are named and prepared ahead of time. What It Means When…
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Tax Consequences of Inheriting Property
Inheriting property does not always mean the same tax outcome for everyone. What you inherit and what you do with it can shape when taxes apply and how much you owe. Some assets come with helpful tax rules, while others trigger income taxes or reporting obligations earlier than expected. So why can two heirs receive…
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Do You Need Probate for a Trust?
Do you still need probate if you have a trust? Usually, no, but the answer depends on how the trust was set up and whether assets were properly transferred into it. This question comes up often, and it is a fair one, especially when someone has taken time to create a trust and expects it…
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Should You Fund Your Trust Immediately?
Yes, in most cases, a revocable trust should be funded as soon as it is signed. An unfunded trust is little more than paperwork, while a funded trust actually controls your assets and does the job you created it to do. So here’s the real question: if you’ve gone through the effort of setting up…
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How Remarriage Affects Your Estate Plan
Have you ever wondered whether your estate plan still holds up after you say “I do” again? Remarriage can shift how assets are handled under Minnesota law, even if you never revise your documents. New spousal rights come into play automatically, and those rules can produce results that don’t match what you had in mind,…
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Should You Name a Corporate Trustee?
People often wonder: Should you put a trusted family member in charge of your trust, or is a corporate trustee a safer choice? The short answer is that a corporate trustee often provides stronger long-term oversight, while an individual trustee may offer more personal insight. The right fit depends on the complexity of your trust…
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How Do You Remove Someone from a Trust?
Can you remove a beneficiary from a trust once it’s created? In many cases, you can, but the process depends on the trust’s terms, whether the trust is revocable or irrevocable, and the level of consent required from other parties. This blog explains how beneficiaries can be removed, when trustee or court approval is needed,…
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