Category: Estate Planning
Transporting and Spreading of Cremated Remains
August 23, 2013 | Joan M. QuadeCremation 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…
Read MoreThe Benefits of Setting up a Trust
April 29, 2013 | William F. HuefnerSetting up a trust can convey many estate planning benefits. However it’s important to set up the right trust for the right situation and to get a qualified estate lawyer to help you do the job correctly. Trusts can help you avoid probate because they name a beneficiary. If you’ll recall from our previous discussion on probate, assets with a living, named beneficiary rarely, if ever, have to go through probate. Trusts can also reduce the amount of estate taxes that a beneficiary might have to pay. However, you have to set up the trust correctly. There are different kinds of trusts with different rules governing them. An after-death trust actually does, for example, put your assets right back into probate. Those assets then go on to fund the trust. The after-death trust is administered by a trustee and may be overseen by the court. You may think there’s no good reason to use the after-death trust because of the probate process, but there are situations where it’s appropriate. In some cases it’s a good vehicle for transferring assets to minor children or for transferring assets to disabled adult children. Living trusts are created while you are still alive. You become the trustee, and someone you designate becomes the beneficiary. Revocable living trusts…
Read MoreHow Does Probate Work in Minnesota?
April 22, 2013 | William F. HuefnerProbate in Minnesota may seem a little mysterious, but it’s actually relatively straightforward. Here’s what you need to know. First, probate is just the process of settling the estate when you die. Popular fiction and television have often characterized it as a court’s attempt to make sure the state keeps as much of your property as possible, but that’s not actually what happens. In fact, probate can be as simple or as complicated as your documentation and your heirs make it. The first step is to determine what does and does not need to go through probate. Property that you already own with another person doesn’t go through probate, for example. If you and your spouse have a joint bank account and both of your names are on that bank account then the account probably won’t go through probate. Ownership of it and everything in it will simply pass to your spouse. Homes and businesses may transfer in the same way. However, an attorney may still need to oversee a title transfer that does need to be handled correctly. Property with living named beneficiaries also doesn’t go through probate. Retirement plans, annuities, and life insurance policies usually all have named beneficiaries who would simply receive the property. Estates worth $50,000 or less also…
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