Should You Use Estate Planning Software?

April 15, 2013  |  William F. Huefner

Estate planning software, like a do-it-yourself will template, can create a very problematic situation for your loved ones after you die. There are 5 primary reasons why you should steer clear of this option. Poor Asset Protection Tax laws are complicated, far more complicated than most software accounts for. If you want to make sure most of your estate stays in the hands of your family and not in the hands of Uncle Sam or Minnesota Revenue then you should steer clear of estate planning software. A good estate attorney can help you take advantage of tax laws to maximize the inheritance that you leave. Software Can’t Handle Common Issues Most people’s estates just aren’t as simple as they imagine. Situations that look straightforward on the surface aren’t straightforward in the eyes of the law. Do you need to set up provisions for a disabled adult child? Do you want your grandchildren to inherit – but not your living children? Are you trying to leave money to your stepchildren? Do you want to leave the entire estate to charity, cutting your family out of the process entirely? These are just examples of situations that are very common but which are too complicated for estate planning software to handle. Each of them needs the…

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Sad Tragedy Reminds Us to Buckle Up and Be Safe

April 10, 2013  |  Jon P. Erickson

There was a tragic motor vehicle accident this past weekend just north of Minneapolis where eight members of a family were in a van that was struck by another car. The accident caused four members of the van to be ejected from the vehicle. Those four were not wearing seat-belts, and three of them were killed. The fourth is still in critical condition. A lieutenant of the Minnesota Highway Patrol is quoted as saying: “The fact can’t be ignored that if they had worn seat belts, it could have ended in a different result.” It was further noted that in the last three years 352 of 864 traffic deaths in Minnesota had victims that were not wearing seat belts. This is 41{a0c01d20c42349884e67ff80c137866b0a9fe47aaae8f8a86a605a369ae487c3} of the deaths in these accidents. These deaths were all likely preventable! There was a second accident over the weekend in the metro area where a woman crashed her car into a tree, and was killed. She also was not wearing a seat belt. BUCKLE UP…seat belts save lives!

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Is a Do-It-Yourself Last Will and Testament a Good Idea?

April 8, 2013  |  William F. Huefner

If you’re thinking about writing up a do-it-yourself last will and testament instead of consulting qualified estate attorneys you’re not alone. The Internet has certainly made this a popular option. However, writing your own last will and testament can be extremely problematic, especially if your situation is very complicated. An improperly executed will can turn a probate process of a few months into a long, drawn out battle of years. The presence of your badly written will may keep your personal representative from using the simplified probate process. In fact, even the omission of very simple language that you might never think of on your own can call the validity of the will into question. Online will templates may also lead you to make more basic mistakes. For example, let’s say the template has a space for just one witness signature. But Minnesota law requires two signatures, which means the work that you’ve done is not a valid will. This is a simple mistake, but it might not be discovered before you die. Problems can also arise if the provisions that you put into your will don’t make sense to the courts. For example, some people like to try to leave their property to their pets, who can’t inherit. A good attorney would…

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