Q: One of my adult children is disabled and is receiving public benefits. What would happen if I died and my child inherited from me? I have heard that an inheritance to my child would result in my child being kicked off public benefits. Is there any way to guard against that situation? A: It […]
Q: What happens if I leave a specific item in my Will to someone but by the time I die, I no longer have that item? A: In Minnesota, if a person leaves a specific piece of property in his or her will to someone but the person no longer owns that property at the […]
Q: I want to make sure that my dog is taken care of in the event of my death. Is there anything I can do to make sure that will happen? A: Minnesota law views pets as property and so pets cannot inherit from us. However, Minnesota law does allow Pet Trusts (Minnesota is the […]
By: Letty M-S Van Ert Question: What is a conservatorship and under what circumstances would a conservatorship be set up by the court? Answer: A conservatorship is a tool used by the court to appoint a person or entity to manage the estate (finances, real estate, other assets) of a protected person. There needs to be a […]
By: Letty M-S Van Ert Some time ago I had a situation in which an elderly man had executed a power of attorney a decade earlier naming one of his several children as the attorney-in-fact. The other children had since taken over the day-to-day care of their father and father no longer remembered what, if […]
Q: When my uncle passed away, his children fought about everything and ended up going to court over his will. I have heard of people putting clauses in their wills that say if a child contests the will, then the child will be disinherited. I would like to include something like that in my will. Can I?
A: Minnesota law provides that any provision in a will that penalizes a person for contesting the will is unenforceable so long as there is
Q: What happens to my assets if my minor children inherit from me?
A: Certain assets will be distributed according to the Uniform Transfers to Minors Act (UTMA). For instance, under UTMA, if an
May 2013: Attorney Letty M-S Van Ert‘s blog, “Estate Planning for Your Digital Afterlife” was published in the Spring Edition 2013, MSBA, Probate and Trust Law Section E-Newsletter.
Q: I have heard that the State of Minnesota has an estate plan in place for me if I die without a will. What does that mean?
A: Yes, in a sense, Minnesota does have an estate plan in place for you in the event you die without a will. However, it may not be the plan you would prefer, which is why it is