Here’s a disturbing fact: approximately 70% of Americans don’t have a will. A Minnesota will is a relatively simple document to draft so why is it that so many people avoid it? Just a few of the common excuses for not having a will include: I don’t have anything worth leaving to my family; I’ve…
Author: Flanders Law Firm LLC
What’s a living trust and how does it work in Minnesota?
Though Minnesota estate-planning terminology can sometimes be opaque to those not in the business, a living trust is an example of something that is just what it sounds like it is. The term “living trust” refers to those trusts that are created while you are alive (also known as “inter vivos” trusts) rather than ones…
Minnesota Health Care Directives: What are they and how do they work?
First things first, what exactly is a health care directive? In Minnesota, state law (Minnesota Statutes Section 145C.02) says that health care directives are legal documents that exist to let others know about your opinions regarding important health care matters. Health care directives are also important because they are used in much the same way…
What is a power of attorney and how does it work in Minnesota?
If you’re like most Minnesotans who have bills to pay and a family to look out for, chances are you may have begun thinking about the importance of creating an estate plan. Such planning is essential to safeguard the future for not only yourself, but also the family members who depend on you. One critical…
Minnesota Guardianship Law | Do I need to have a guardianship?
From time to time I get questions from prospective or current client about whether they need to apply for a Minnesota guardianship over minor children or, at times, adults. For instance, below is a question that I recently answered regarding the necessity of applying for a Minnesota guardianship: I have two nieces that want to…
Minnesota IRA Investment: Be careful who you give your money to
Anybody who is considering how to structure their Minnesota IRA Investment, should think twice about who they are giving their money to. Bad Investments, Ponzi-Schemes, and Unscrupulous Companies I was recently made aware of an article written in the Minneapolis Star Tribune about a potential ponzi-scheme-like investments right here in Minneapolis. Another Minnesota estate planning…
Minnesota Decree of Descent | Estate Planning and Probate
If you are a personal representative or an executor of an estate, you should be aware of the legal vehicle that is a Minnesota decree of descent. Decree of Descent in Minnesota In Minnesota, whenever any person has been dead for three or more years and their estate has not been probated, an “interested person” can…
Minnesota Guardians Cannot Terminate Life Support of Wards
Judge Quam of the Hennepin Count District Court, Minnesota, issued a controversial Order today on whether Minnesota guardians can terminate life support. Below is a some of the highlights of the Order: “Minn. Stat. § 524.5-313 grants broad power to guardians to consent to necessary medical treatment on behalf of their wards, but it does…
Minnesota Probate | Opening an Informal Estate
Lawyers in who practice in the area of Minnesota probate have many decisions to make when faced with new estate. The lawyers will meet with the personal representative of the estate and make some initial determinations prior to filing a petition or application with the proper court. The attorney will usually need to determine the…
First Post ! Minnesota Estate Planning & Probate Blog
Hello, for any readers out there, I am excited to announce that I have started a new legal blog about estate planning and probate in Minnesota. I am a lawyer practicing estate planning and probate lawyer in Minnesota. I enjoy the work and I am excited about creating helpful posts for people who may…