Estate Planning Conversations

Death and Money:  Even in the most open families, conversation often quiets when two subjects arise: death and money. The uncomfortable talk:  For both parents and adult children, confronting the prospect of each other's deaths can be uncomfortable. Privacy around financial matters is often a key concern, even among...
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Special Needs Planning

When you have a child with special needs, estate planning requires particular preparation. Looking to the future as to how your child will be able to function in the world as they age is particularly tricky to assess. What is the child's long term prognosis and what type of care is anticipated...
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What are some of the considerations in determining whether to estate plan with a Will Plan or a Revocable Trust Plan?

Revocable trusts are an “inter vivos” trust, created during a grantor's lifetime. Revocable trusts allow for the management of property both during life and after death. Revocable trusts are one tool for estate planning, but they are not for every situation. Ultimately, the decision to adopt a will or a revocable trust...
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What topics should be included in an estate planning consultation between attorney and client?

Clients are often unaware of what is important in the estate planning discussion. They do not volunteer information that the attorney should know. The attorney should have a checklist or agenda for meetings with the client to ensure they are eliciting all information that is relevant to the planning process. This includes...
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Does a Transfer on Death Deed (TODD) protect the property or asset from Minnesota Medicaid (Medical Assistance)?

Many people have the misconception that executing and filing a Transfer on Death Deed (TODD) on their property or a homestead, protects the property from being included as an available asset for qualifying for public assistance like Medical Assistance and/or Long Term Care coverage by the state for a nursing home stay. ...
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Why should people do estate planning? Why do many people fail to do estate planning?

Research suggests that approximately 60 percent of U.S. adults have no estate plan, and that having a plan is often influenced by age and socioeconomic status. A Gallup poll conducted in 2016 indicates that 68 percent of Americans aged 65 and older have a will, compared with 14 percent of those younger...
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In Minnesota, what is the difference between a Conservatorship and a Guardianship?

The simplest answer is finances and everything else. Conservatorship only deals with finances and does not grant any power to make medical, housing, personal, etc., decisions. Whereas guardianship does not give any authority to handle finances, with the possible exception of the power to contract and the power to apply for government benefits.
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