Category: Estate Planning
What Happens When Someone Contests a Will?
August 27, 2013 | William F. HuefnerAre 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…
Read MoreTransporting 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 More