When ownership is held in trust, trustees must manage voting power in strict accordance with the trust’s terms and fiduciary duties. Voting rights should be exercised impartially to benefit all …
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A legal strategy for delaying distributions hinges on adherence to governing trust provisions and applicable probate laws. Trustees may invoke discretionary distribution clauses or age-based triggers …
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Rights of first refusal (ROFR) can hinder tax planning by limiting asset transfer flexibility and complicating valuation for gift, estate, and generation-skipping transfer taxes. ROFR provisions may …
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Qualified Subchapter S Trusts (QSSTs) enable closely held S corporations to maintain their tax status while allowing trust ownership. They require a single income beneficiary who is a U.S. citizen or …
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The statute of limitations for intrafamily loan forgiveness primarily governs the period during which the IRS can assess gift tax liabilities and initiate audits. Forgiven loan amounts must be …
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Intrafamily loans with balloon payments require clear documentation and adherence to IRS rules. Interest income must be reported using the Applicable Federal Rate to calculate both actual and imputed …
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Intrafamily loan forgiveness is the formal cancellation of a loan between relatives, requiring a valid loan agreement and clear documentation such as promissory notes and a written forgiveness …
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Dynasty trust perpetuity periods vary by state, impacting how long trusts can preserve family wealth without forced termination. States like South Dakota and Alaska allow indefinite durations by …
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Dynasty trust termination is a complex legal process requiring adherence to trust terms and often court approval. Trustees must act in beneficiaries’ interests, ensuring proper notification and …
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Family Limited Partnership (FLP) dissolution requires adherence to partnership agreement provisions and state filing protocols. Consent from general and limited partners, as stipulated in the …
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Certain states, including South Dakota, Alaska, Nevada, and Delaware, have abolished or significantly modified the traditional Rule Against Perpetuities, allowing dynasty trusts to exist indefinitely. …
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Intrafamily loans with balloon payments present tax risks primarily due to IRS scrutiny of adherence to Applicable Federal Rates and bona fide loan characteristics. Failure to document formal …
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Charitable remainder trust termination occurs when the trust’s income distributions end, and remaining assets transfer to designated charities as specified in the trust agreement. Early termination …
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Dynasty trust perpetuity period extension strategies focus on navigating and leveraging varying state laws, including jurisdictions that have abolished or extended the traditional rule against …
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Dynasty trusts benefit from state-specific perpetuity extensions that override traditional Rule Against Perpetuities limits, allowing assets to be preserved across multiple generations. Most states …
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Intrafamily bargain sales involve transactions where family members sell property or assets below market value. This practice often reflects emotional bonds and financial strategies within families. …
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Intrafamily loan amortization schedules are essential for compliance with tax regulations and to prevent disputes among family members. These schedules detail repayment terms, including payment …
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A testamentary trust is established through a will and takes effect upon the testator’s passing. Comply with the Rule Against Perpetuities, which mandates that interests must vest within a specified …
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A succession legal document is essential for transferring assets and responsibilities after an individual’s death. It formalizes their wishes and minimizes disputes among heirs. Key components …
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Intrafamily loans require compliance with the Applicable Federal Rate (AFR) to avoid tax consequences. The AFR, set by the IRS, dictates the minimum interest rate that must be charged to prevent the …
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Intrafamily loans must adhere to Applicable Federal Rates (AFR) to avoid unexpected tax consequences. Failing to comply can result in imputed interest, increasing the borrower’s taxable income and …
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Testamentary trusts establish structured income distribution guidelines to ensure that beneficiaries receive their inheritances as intended by the testator. These trusts appoint a trustee to manage …
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Executor misconduct can have severe consequences, including financial loss and delayed inheritances. Identifying red flags, such as unusual asset changes, inconsistent accounting, and unexplained …
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In trust and estate dispute cases, counterclaims can be a strategic game-changer for defendants. A well-crafted counterclaim can offset or reduce the plaintiff’s claims, gain a strategic …
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In trust and estate disputes, counterclaims serve as a vital defensive strategy, enabling defendants to assert their own claims and counter allegations of wrongdoing. Typically, counterclaims arise …
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In trust and estate enforcement, a cease and desist letter serves as a formal legal notification to individuals or entities engaging in infringing or unlawful activities. These letters demand …
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A court recently held that a will is valid even though the witnesses signed as testators on a separate page. Case Title Castruccio v. Castruccio, 146 A.3d 1132 (MD Ct. App. 2016) Case Summary The …
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The following are terms and definitions for conservatorship and guardianship, and related concepts. Please note, these are common definitions, but precise legal definitions may vary depending on how a …
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Video: Learn About Receipt and Release Forms In this video, you get answers to these questions: What is a receipt and release form? Who is a trustee? What if a receipt and release was not signed? …
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Recording a Deed is Not Necessary to Avoid Probate Transferring real estate into a trust will generally avoid probate, even if the real estate deed was never recorded. In general, a deed does not need …
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In Minnesota, estates valued at $75,000 or less can skip probate entirely using an Affidavit of Collection under Minn. Stat. sections 524.3-1201 through 524.3-1204. This process requires only a …
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The rights of beneficiaries of a Minnesota trust are primarily based on Minnesota Statutes and the trust document. When a trust document and/or statute imposes a duty on the trustee, for the benefit …
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This article is part of our Estate Planning resources for Minnesota residents and business owners. This article is a section taken from Manual Letter #16.1, a part of the revisions and additions to …
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This article is a section taken from Manual Letter #17.2, a part of the revisions and additions to the Minnesota Healthcare Program Eligibility Policy Manual. Manual Letter #17.2 This manual letter …
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This article is a section taken from Medicare Savings Programs (MSP), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. MSP Income Medicare Savings …
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This article is a section taken from MA for Families with Children and Adults (MA-FCA), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Medical …
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This article is a section taken from Medical Assistance (MA), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Medical Assistance (MA) Begin and …
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This article is a section taken from Medical Assistance (MA), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Medical Assistance (MA) Asset Limits …
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This article is a section taken from Medical Assistance (MA), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Medical Assistance (MA) Cost Sharing …
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This article is a section taken from Medical Assistance (MA), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Medical Assistance (MA)Liens The …
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This article is a section taken from Medical Assistance (MA), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Medical Assistance (MA) Estate …
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This section is taken from Eligibility Policy Manual, a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Minnesota Health Care Programs The Minnesota …
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This article is a section taken from Minnesota Health Care Programs (MHCP), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Minnesota Health Care …
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This article is a section taken from MA for Long-Term Care Services (MA-LTC) a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Annuities An annuity …
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This article is a section taken from MA for Families with Children and Adults (MA-FCA), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Bases of …
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This article is a section taken from MA for Families with Children and Adults (MA-FCA), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Asset …
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This article is a section taken from Minnesota Health Care Programs (MHCP), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. MHCP Data Privacy …
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This article is a section taken from Minnesota Health Care Programs (MHCP), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Authorized …
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This article is a section taken from Minnesota Health Care Programs (MHCP), a part of the revisions and additions to the Minnesota Healthcare Program Eligibility Policy Manual. Program Overviews …
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This article is a section taken from Minnesota Health Care Programs (MHCP), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Temporary Absence …
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This article is a section taken from MA for Long-Term Care Services (MA-LTC) a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Eligibility …
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This article is a section taken from MA for Long-Term Care Services (MA-LTC) a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Lookback Period and …
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This article is a section taken from MA for People Who Are Age 65 or Older or People Who Are Blind or Have a Disability (MA-ABD), a part of the revisions and additions to the Minnesota Health Care …
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This article is a section taken from MA for People Who Are Age 65 or Older or People Who Are Blind or Have a Disability (MA-ABD), a part of the revisions and additions to the Minnesota Health Care …
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This article is a section taken from MA for People Who Are Age 65 or Older or People Who Are Blind or Have a Disability (MA-ABD), a part of the revisions and additions to the Minnesota Health Care …
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This article is a section taken from MA for People Who Are Age 65 or Older or People Who Are Blind or Have a Disability (MA-ABD), a part of the revisions and additions to the Minnesota Health Care …
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This article is a section taken from MA for Families with Children and Adults (MA-FCA), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Hospital …
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This article is a section taken from MA for Families with Children and Adults (MA-FCA), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Household …
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This article is a section taken from Minnesota Health Care Programs (MHCP), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Application Forms Many …
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This article is a section taken from Minnesota Health Care Programs (MHCP), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Applications for …
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This article is a section taken from MA for Employed Persons with Disabilities (MA-EPD), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Premiums …
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This article is a section taken from MA for Employed Persons with Disabilities (MA-EPD), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Work …
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This article is a section taken from MA for Employed Persons with Disabilities (MA-EPD), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Assets …
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This article is a section taken from MA under the TEFRA Option, a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Parental Fees Medical Assistance …
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This article is a section taken from MA for People Who Are Age 65 or Older or People Who Are Blind or Have a Disability (MA-ABD), a part of the revisions and additions to the Minnesota Health Care …
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This article is a section taken from MA for People Who Are Age 65 or Older or People Who Are Blind or Have a Disability (MA-ABD), a part of the revisions and additions to the Minnesota Health Care …
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This article is a section taken from MA for People Who Are Age 65 or Older or People Who Are Blind or Have a Disability (MA-ABD), a part of the revisions and additions to the Minnesota Health Care …
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This article is a section taken from Minnesota Health Care Programs (MHCP), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. State Residency for …
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This article is a section taken from MA for Long-Term Care Services (MA-LTC) a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Transfer Penalty The …
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This article is a section taken from MA for Long-Term Care Services (MA-LTC) a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Transfer Penalty …
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This article is a section taken from MA for Long-Term Care Services (MA-LTC) a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Income Calculations …
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This article is a section taken from MA for Long-Term Care Services (MA-LTC) a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Income Calculation …
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This article is a section taken from MA for Families with Children and Adults (MA-FCA), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Income …
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This article is a section taken from MA for Long-Term Care Services (MA-LTC) a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Community Spouse …
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This article is a section taken from MA for Long-Term Care Services (MA-LTC) a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Annuity Disclosures …
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This article is a section taken from MA for Families with Children and Adults (MA-FCA), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Income …
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This article is a section taken from MA for Families with Children and Adults (MA-FCA), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. …
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This article is a section taken from MinnesotaCare Financial Eligibility a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. MinnesotaCare Income …
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This article is a section taken from MinnesotaCare Post-Eligibility, a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. MinnesotaCare Begin and End …
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This article is a section taken from MA for People Who Are Age 65 or Older or People Who Are Blind or Have a Disability (MA-ABD), a part of the revisions and additions to the Minnesota Health Care …
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This article is a section taken from Medicare Savings Programs (MSP), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. MSP Household Composition …
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Types of Income Academic Achievement Incentive Scholarships A student financial aid program created by Title IV of the Higher Education Act of 1965. Academic Competitiveness Grants A student financial …
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This article is a section taken from Medical Assistance (MA), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. This information was published in …
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Standards and Guidelines This appendix provides figures used to determine eligibility for a person, or in a specific calculation completed to determine eligibility. Community Spouse Allowances The …
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Legislative Intent It is the intent of the Legislature and the purpose of this statement to promote the interests and well-being of the patients of healthcare facilities. No health care facility may …
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This article is a section taken from Medical Assistance (MA) a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Emergency Medical Assistance …
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Minnesota provides a variety of services for people with disabilities. This information brief provides information about those programs and services. It contains a general Medical Assistance (MA) …
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Table of Contents Overview of “Housing with Services” HWS Fees Legal Issues Class A or Class F in HWS Service Agreement and Service Plan Assisted Living Home Care Bill of Right #16 for Assisted Living …
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2023 Update: Minnesota Fully Recognizes Medicaid Protection Trusts Thanks to the Minnesota Court of Appeals’ ruling in Geyen v. Commissioner, Minnesota Dept. of Human Services, 964 N.W.2d 639 (Minn. …
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Name a Beneficiary to Your Vehicle with a Motor Vehicle TOD Form Minnesota vehicle owners can designate a beneficiary to receive their motor vehicle upon death, avoiding probate entirely. The …
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Medical Assistance: Penalty Period for Gifts During the 5-Year Lookback Period When a person applies for Medical Assistance (Medicaid) in Minnesota, the state looks to any uncompensated transfers …
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Minnesota Estate Planning Case: In re Estate of Klie, 2017 WL 541469 (OH Ct. App. 2017) Case Summary: Billing statements are not hearsay under the business records exception In re Estate of Klie, 2017 …
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Minnesota Estate Planning Case : Estate of Braasch, 140 A.D.3d 1341 (NY Sup. Ct App. 2016) Case Summary: Surcharge denied for making lump sum distribution Estate of Braasch, 140 A.D.3d 1341 (NY Sup. …
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Minnesota Estate Planning Case : Brock v. Premier Trust, Inc., 133 Nev. 8 (NV 2017) Case Summary: Settlor and trust beneficiary can amend an irrevocable trust without consent of all beneficiaries …
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Minnesota Estate Planning Case: In the Matter of the Taylor Trust, 381 P.3d 428 (CO Ct.App. 2016) Case Summary: Beneficiaries could sue for the mother after death for breach of duty In the Matter of …
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Minnesota Estate Planning Case : Stehlik v. Rakosnik, 24 Neb.App. 34 (2016). Case Summary: Nephews gifts by POA to himself and relatives with POA was self-dealing and constructive fraud. Stehlik v. …
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Minnesota Estate Planning Case : In re Guardianship of Spinnie, 2016 Ill.Dec. 319 (IL Ct.App. 2016) Case Summary : Presumption of fraud for gifts to attorney-in-fact can be pushed back. In re …
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Minnesota Estate Planning Case : In the Matter of the Massie Trust, 2017 WL 218284 (WI Ct.App. 2017) Case Summary : UTC 1004- Trustee-beneficiary acting in bad faith can have fees charged against …
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Summary: State where trust is created is the applicable law for dispositive provisions of a trust. Law of administration is the state where trust is administered. Minnesota Estate Planning Case : …
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Minnesota Estate Planning Case : Waterworth v. Ekman, 2016 WL 1175099 Filed March 28, 2016 (Minn.Ct.App. 2016) Case Summary : Real estate option purchase agreement interpreted against the drafter of …
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Minnesota Estate Planning Case: Mohrman, Kaardal & Erickson v. Gene Rechtzigel (and as PR for Estate of Frank Rechtzigel and as Trustee et al) Filed August 22, 2016, A15-1886. Case Summary : Civil …
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Minnesota Estate Planning Case: In re the Estate of Clara Mae Murphy, Deceased, A16-0661 (Minn.Ct.App. January 9, 2017) Case Summary: Constructive Trust Did Not Apply To Cohabitating Partners In re …
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Minnesota Estate Planning Case: In re Estate of: Alice I. Engman, Decedent, A16-0805 Filed January 30, 2017 Case Summary: Undue Influence Need Not Be Proved By All Factors Under The Precedent Of In Re …
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How other health insurance may affect eligibility for Medical Assistance or MinnesotaCare When applying for health care programs, you must tell us if you have other health insurance or can get health …
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This bulletin contains an updated sample notice and current Ombudsman directory for use with the 30 day discharge/transfer notice given a resident prior to involuntary discharge or transfer. (This …
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Question: If a Medicare beneficiary requests hospice care, is the SNF obligated to provide this service? Response: No. The beneficiary has freedom of choice, but it is not an unqualified freedom. A …
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The Minnesota Department of Health, Health Regulation Division, has experienced a significant increase in requests to lock up all or parts of nursing homes. This increase is in response to providers’ …
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Safety Without Restraints: A New Practice Standard for Safe Care One Daughter’s Story My mother is 88 years old and has dementia. After a severe injury, she moved to a nursing home with a good …
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Nursing facility services under Medical Assistance (MA) are a package of room and board and nursing services. Acute care services such as hospitalization are paid for separately under MA; this is also …
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Forbes puts out a list of the Top 10 Earning Deceased Celebrities each year. These people are earnings millions…or rather their estates are…long after their death. While we don’t all have lucrative …
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Estate planning attorneys want to assist clients. For this reason, some people may be skeptical when legal professionals advise against the utilization of do-it-yourself estate planning documents. The …
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It can come as a shock when you find out that Medicare will not pay for an extended stay in a nursing home or a long-term care community. What would you do if you were faced with long-term care …
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Someone who is mentally impaired, whether from age or infirmity, may start to show signs of needing assistance in their personal affairs. If, for example, your parent or loved one starts leaving food …
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When the time comes for you to decide whether someone you love needs someone else to take control of their personal affairs, it helps to understand what a guardianship and conservatorship in Minnesota …
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When you are positioning yourself financially for the future, you are naturally going to have questions about government programs that you have heard about. These would typically include Medicaid and …
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Ground-Breaking Study Good news, dog owners. Science has confirmed what we have known all along. Dogs are able to understand individual words and intonations much like us. Until this ground-breaking …
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This is an important question in estate planning because many instruments become active when the person who executed it becomes incapacitated. The reverse is also true. There are many instruments that …
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David Bowie died on January 10, 2016, just two days after the release of his final album, Blackstar. The last song on the album, “I Can’t Give Everything Away,” seems prophetic both in its title and …
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Imagine that a trust is established with insurance proceeds for the benefit of a minor child Billy after his parents are killed in an accident, with Uncle Theodore as Trustee. Theodore cannot use the …
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Family Cabin LLCs & Trusts While a family cabin is often filled with happy memories, conflict can arise when the cabin’s owner dies. Now comes the time to plan future ownership and …
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2013 Tax Law Changes Overview: Estate TaxTax TypeStatuteBrief DescriptionEffective DateEstate Tax289A.10 Sub 1Estate Tax: Modifies the filing requirements for the estate tax to provide that federal …
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This post was last updated in December 2012. View an overview of Minnesota Gift Tax law reflecting changes made in 2013. This post provides basic background information on the details of state estate, …
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I have represented a number of senior citizens who have been victims of a STOLI scam. This article explains the basics of the STOLI scam on seniors and what they can do to fight back. In short, the …
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