What Happens When Someone Contests a Will?

August 27, 2013  |  William F. Huefner

Are you worried that your family won’t pay attention to your last wishes after you die? Contesting a will can happen, but contrary to television drama it’s not quite as common as people imagine. Your relatives can contest your will if they have reason to believe it was signed improperly. If you work with a qualified estate planning attorney this shouldn’t happen, simply because your attorney will make sure that your will is signed and witnessed in accordance with the law. Your relatives an also contest your will if you were mentally unfit in the time the will was signed. If you have Alzheimer’s or another mind-altering illness when you finally get around to doing your will you could open your will up to contest. This is why it’s so important to take care of estate planning issues as soon as possible, preferably when you are still relatively healthy and strong. Don’t wait for an accident or devastating illness. It’s counterintuitive, but the ideal time to start worrying about estate planning is when things are going well! Your relatives can also contest your will if they believe someone had undue influence over you when you wrote it. This usually happens when you write or change the will to heavily favor a caregiver. Your…

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Transporting and Spreading of Cremated Remains

August 23, 2013  |  Joan M. Quade

Cremation has become a common and popular method of putting our loved ones to rest. More and more of us are requesting that our remains be spread in a place with meaning for us or our family, or in exotic places. In practicing law for over 25 years, I have been asked many times by clients, friends and relatives about the law related to the spreading of ashes. It is important to understand the law governing the transportation of and spreading of cremated remains in order to avoid the pitfalls. While Minnesota has some specific laws in this regard, there are not many. Minn. Stat. § 149A.96, subd. 9, entitled “Cremated Remains” provides: Subject to section 149A.95, subdivision 16, inurnment of the cremated remains and release to an appropriate party is considered final disposition and no further permits or authorizations are required for disinterment, transportation, or placement of the cremated remains.” Minn. Stat. § 149A.95, Subd. 16. Disposition procedures; commingling of cremated remains prohibited: “No cremated remains shall be disposed of or scattered in a manner or in a location where the cremated remains are commingled with those of another person without the express written permission of the person with the legal right to control disposition or as otherwise provided by law. This…

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Starry, Starry Night Gala: September 21, 2013

August 21, 2013  |  Barna, Guzy & Steffen, Ltd.

Stable Pathways, a program that provides horse-assisted activities for people living with cognitive and physical challenges, is hosting a benefit gala for fundraising. BGS’ Legal Administrative Assistant Sarah Thies is on the Board of Directors and helped organize the event. Barna, Guzy & Steffen is also a sponsor of the event. The fundraiser will take place Saturday, September 21st, 2013 beginning at 6:30 with Cocktails. Food, a program demonstration, and dancing with live music will follow. This is a western themed event so the suggested dress is Cowboy Casual – Rhinestones Optional! Tickets to the event are $35 with proceeds going to promote Stable Pathways’ missions. Stable Pathways is located at Bunker Park Stables in Coon Rapids. It provides equine-assisted activities for people living with physical and cognitive challenges under the careful direction of either a Professional Association of Therapeutic Horsemanship (PATH) International Certified Instructor or a Minnesota licensed Occupational Therapist. Sarah says that therapeutic horseback riding helps riders “organize” body and brain. The horse’s gait is most similar to a human gait so riding provides a connection to a natural rhythmic movement from the horse that stimulated the rider’s body and brain. Riders at Stable Pathways have experienced positive changes in a variety of ways such as steadier balance, improved core strength,…

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