Articles | Page 3 of 75 | Attorney Aaron Hall

Trustee-Beneficiary acting in bad faith can have fees charged against trustee-beneficiary’s share

Minnesota Estate Planning Case : In the Matter of the Massie Trust, 2017 WL 218284 (WI Ct.App. 2017) Case Summary : UTC 1004- Trustee-beneficiary acting in bad faith can have fees charged against trustee-beneficiary’s share. In the Matter of the Massie Trust, 2017 WL 218284 (WI Ct.App. 2017). The American Rule on attorney fees applies in […]

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Which State’s Law Applies in Trust Administration?

Summary: State where trust is created is the applicable law for dispositive provisions of a trust. Law of administration is the state where trust is administered. Minnesota Estate Planning Case : Alexander v. UMB Bank, N.A., 497 S.W.3d 323 (MO Ct.App. 2016) Case Summary : Section 107; State where trust is created is the applicable law for […]

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When There is a Gap Between the Former Law and the New UTC, the Common Law Applies to Fill the Gap

Minnesota Estate Planning Case : Snell v. Snell, 374 P.3d 1236 (Wyoming 2016) Case Summary : When there is a gap between the former law and the new UTC, the common law applies to fill the gap. Snell v. Snell, 374 P.3d 1236 (Wyoming 2016). In this trust, Arkansas law applied under the terms of the trust. […]

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Supplemental Needs Trusts

A ”supplemental needs trust” is a trust established and funded by a third party to provide for the supplemental needs of a person living with a disability while allowing such a person to remain eligible for Minnesota Health Care Programs (MHCP). Supplemental Needs Trust Requirements. Evaluation of Assets Held in the Trust. Treatment of Payments […]

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Special Needs Trusts

A Special Needs Trust is a trust established for the benefit of a person under age 65 who is disabled. A trust that meets the requirements of a Special Needs Trust is excluded as an asset for a person whose MA basis of eligibility is due to blindness or disability. Note:  Some trusts titled as […]

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Cy Pres and Trust Modification Rules, Breach of Duty Rules

Minnesota Estate Planning Case : Shriner’s Hospital for Children v. First Northern Bank of Wyoming, 373 P.3d 392 (Wyoming 2016) Case Summary : Cy Pres and Trust Modification Rules, Breach of Duty Rules Shriner’s Hospital for Children v. First Northern Bank of Wyoming, 373 P.3d 392 (Wyoming 2016). Settlors, husband and wife, established a charitable trust […]

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When Assets are Transferred from a Charitable Trust to A Charitable Corporation the District Court Loses in Rem Jurisdiction and the Corporation is Not Subject to Court Supervision

Minnesota Estate Planning Case: In re the Matter of Anne Ray Charitable Trust et al, Filed August 22, 2016, A16-0327 Case Summary : When Assets are Transferred from a Charitable Trust to A Charitable Corporation the District Court Loses in Rem Jurisdiction and the Corporation is Not Subject to Court Supervision In re the Matter of: Anne […]

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Court: Estate Planning Case Dismissed, Minnesota Not a Convenient Forum

Minnesota Estate Planning Case: Michael Paulucci and Cynthis Selton on behalf of the Jeno Paulucci Revocable Trust and Estate v. Larry Nelson and Jill Molitor, Filed August 8, 2016, A16-0043. Case Summary : Case Dismissed Because Minnesota was Not a Convenient Forum Michael Paulucci and Cynthis Selton on behalf of the Jeno Paulucci Revocable Trust […]

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Impacts of the DOL Fiduciary Rule: How to Lawfully Advise Clients on What to Do with Their 401(k) Plan

The DOL Fiduciary Rule, which became (mostly) effective on June 9, 2017, marks a clear shift for broker-dealers.  Brokers are now considered fiduciaries under the Employee Retirement Income Security Act of 1974 (“ERISA”) when providing non-discretionary investment advice to clients seeking assistance with retirement accounts or plans.  Less clear, however, is the Rule’s impact on […]

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Motion For New Trial Were Denied Where Issues Were Tried By Consent And Sufficient Notice

Minnesota Estate Planning Case: In re the Guardianship and Conservatorship of Lorraine Helen Schmidt, filed August 29, 2016 A15-1796 Case Summary: Motion For New Trial Were Denied Where Issues Were Tried By Consent And Sufficient Notice In re the Guardianship and Conservatorship of Lorraine Helen Schmidt, filed August 29, 2016 A15-1796. Daughter had significant control over mother who […]

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POA Improperly Changed Beneficiaries on IRA 2 Days Before Death

Minnesota Estate Planning Case: In re the Non-Probate Estate of Robert W. Fashant, Decedent, filed August 29, 2016, A16-0367 Case Summary : POA Improperly Changed Beneficiaries on IRA 2 Days Before Death In re the Non-Probate Estate of Robert W. Fashant, Decedent, filed August 29, 2016, A16- 0367. Two days before the decedent died the successor […]

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Supplemental Account After Final Account Is Subject To Objections When Final Account Is No Longer Subject To Objections; POA Actions Not Listed In Final Account May Be Subject To Objections

Minnesota Estate Planning Case: In the Matter of Trust Agreement of Don D. Henyan Created Under Agreement Dated May 1, 2006 Case Summary:  Supplemental Account After Final Account Is Subject To Objections When Final Account Is No Longer Subject To Objections; POA Actions Not Listed In Final Account May Be Subject To Objections In the Matter of: […]

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Failure To Object To Inventory May Result In Waiver Of Objection To Missing Asset In Account; Attendance At Hearing And Failure To File Written Objections Justify Allowance Of Account Without Notice To Party

Minnesota Estate Planning Case: In re Guardianship and Conservatorship of Adeline V. Dorosh, A16-0113 (Minn.Ct.App. January 9,  2017) Case Summary: Failure To Object To Inventory May Result In Waiver Of Objection To Missing Asset In Account; Attendance At Hearing And Failure To File Written Objections Justify Allowance Of Account Without Notice To Party In re Guardianship and Conservatorship […]

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Oral Contract Related to Land Was Not Void

Minnesota Estate Planning Case: Christie v. Estate of Dilman Christie, Filed April 24, 2017, A16-1244 Case Summary: Oral Contract Related to Land Was Not Void Christie v. Estate of Dilman Christie, Filed April 24, 2017, A16-1244. This is the second appeal on this matter. The son claimed that he and his parents entered into an oral contract […]

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District Court Could Not Limit Remedy To The Share Of Objector’s Interest In A Trust; Attorney Fees Need Support For Allowance; Appeal Proper When Notice Of Hearing Was Faulty

Minnesota Estate Planning Case:  In the Matter of the Trusteeship on Indenture Trust dated April 1, 2010, A16-113; filed April 3, 2017 Case Summary:  District Court Could Not Limit Remedy To The Share Of Objector’s Interest In A Trust; Attorney Fees Need Support For Allowance; Appeal Proper When Notice Of Hearing Was Faulty In the Matter […]

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Joinder Of Cases Does Not Create New 10 Day Window To Object To Referee, Probate Court Can Hear POA Matters, And Sanctions Were Appropriate.

Minnesota Estate Planning Case: In re The Power of Attorney Granted by Virginia G. Taraldson et al and the Virginia Taraldson Revocable Trust dated February 28, 2009, A16-0822 December 27, 2016 Case Summary: Joinder Of Cases Does Not Create New 10 Day Window To Object To Referee, Probate Court Can Hear POA Matters, And Sanctions Were Appropriate. In re: […]

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Guardianship Denied When Respondent Turned 18 Before Order was Issued

Minnesota Estate Planning Case: In re: Guardianship of Layr Komara, minor; filed April 10, 2017; A16-1022.  Case Summary: Guardianship Denied When Respondent Turned 18 Before Order was Issued In re: Guardianship of Layr Komara, minor; filed April 10, 2017; A16-1022. The petitioner filed a petition for guardianship of a minor when the minor was still under 18 years old. […]

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A Guardianship Court May Make SIJ (Immigration) Findings

Minnesota Estate Planning Case: In re: Guardianship of Jose Maria Chimborazo Guaman, 879 N.W.2d 668 (Minn.Ct.App. 2016); Filed May 16, 2016 A15-1412 Case Summary: A Guardianship Court May Make SIJ (Immigration) Findings In re: Guardianship of Jose Maria Chimborazo Guaman, 879 N.W.2d 668 (Minn.Ct.App. 2016); Filed May 16, 2016 A15-1412. At issue in this case is whether a probate […]

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Unreasonable Agreement for Fees and Conflict

Minnesota Estate Planning Case: In re Petition for Disciplinary Action Against Scott Alan Becker, 881 N.W.2d 815 (Minn. 2016). A15-1877 filed July 20, 2016 Case Summary: Unreasonable Agreement for Fees and Conflict In re Petition for Disciplinary Action Against Scott Alan Becker, 881 N.W.2d 815 (Minn. 2016). A15-1877 filed July 20, 2016. Attorney represented aunt and uncle […]

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Federal REAL ID Law in Minnesota

TO       : Interested Parties FROM: Matt Burress, Legislative Analyst (651-296-5045) RE       : REAL ID Act implementation in Minnesota – January 2017 update This memo provides information on federal REAL ID Act legislation and activity in Minnesota. It is revised from previous versions (most recently produced January 6, 2016) and is […]

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Minnesota Nursing Facility Reimbursement and Regulation Law

Table of Contents Nursing Facility Reimbursement and RegulationIntroductionNursing Facility RegulationThe Value-based Reimbursement SystemGeographic Location and Nursing Facility RatesRate Equalization LawCase-Mix Classifications and Nursing CostNursing Facility Moratorium and RebalancingPayments for Nursing Facility QualityHistorical Reimbursement SystemsHistorical Nursing Facility Rates Based on Geographic LocationRecent Legislative Changes Nursing Facility Reimbursement and Regulation This information brief explains how nursing facilities […]

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Minnesota Medical Assistance Spenddown FAQ

In Medicaid, a “spenddown” is the amount you must pay towards your medical bills before Medicaid will pay for them. This FAQ answers common questions people have about how a Medicaid spenddown works. Table of Contents What is a Spenddown?How is my spenddown amount decided?What is an example of a spenddown?How do I find out […]

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Minnesota Medical Assistance (MA) Estate Recovery and Liens

Federal and state law requires the Minnesota Department of Human Services (DHS) and county agencies to recover costs that the MA program pays for its members under certain circumstances. DHS and counties collect these costs in two ways: (1) estate recovery and (2) liens. The 2016 Minnesota Legislature changed MA estate recovery and liens law. […]

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What is MinnesotaCare?

MinnesotaCare: An Overview MinnesotaCare is administered by the Minnesota Department of Human Services (DHS) under federal guidance as a Basic Health Program that provides subsidized health care coverage to low-income individuals. DHS, in cooperation with MNsure, the state’s health insurance exchange, is responsible for processing applications and determining eligibility. Eligibility Most MinnesotaCare enrollees are parents […]

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MinnesotaCare: A Summary of Minnesota Healthcare Plans

Table of Contents MinnesotaCare Eligibility RequirementsBenefits Enrollee PremiumsPrepaid MinnesotaCare Funding and ExpendituresRecipient ProfileApplication Procedure MinnesotaCare MinnesotaCare is administered by the Minnesota Department of Human Services under federal guidance as a Basic Health Program that provides subsidized health coverage to eligible Minnesotans. This information brief describes eligibility requirements, covered services, and other aspects of the program. […]

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Long-Term Care Services for Seniors/Elderly in Minnesota

Table of Contents Long-Term Care Services for the ElderlyOverview of Medical AssistanceMA Health Care Services for the ElderlyMA Long-Term Care Expenditures and RecipientsState Programs for the Elderly Long-Term Care Services for the Elderly Elderly people in Minnesota can receive services from Medical Assistance and  other state programs. This information brief summarizes Medical Assistance eligibility for […]

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What is Medical Assistance (Medicaid) in Minnesota? 

Medical Assistance (MA) Sometimes laws require agencies to recover costs the MA program pays for members. Program info Medical Assistance (MA) is Minnesota’s Medicaid program for people with low income. Most people who have MA get health care through health plans. You can choose a health plan from those serving MA members in your county. […]

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Recover Attorney’s Fees if You Win Minnesota Insurance Coverage Disputes

If an insurance company improperly denies coverage under its policy, you can sue the insurance company. Minnesota law gives you the right to attorney’s fees if you win. You have insurance to cover you in case of accidents. Imagine you had an accident that involved $20,000, and you had to spend $50,000 in legal fees […]

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Medical Assistance in Minnesota

Table of Contents Medical AssistanceContentsAdministrationEligibility RequirementsBenefitsMA Managed CareFee-for-Service Provider ReimbursementFunding and ExpendituresRecipient ProfileGlossary of Acronyms Medical Assistance Medical Assistance (MA) is a jointly funded, federal-state program that pays for health care services provided to low-income individuals. It is also called Medicaid. This information brief describes eligibility, covered services, and other aspects of the program, including changes […]

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Beyond Regulation Crowdfunding and MNvest: “Crowdfunding” Options for Minnesota Businesses

In recent years, crowdfunding has grown in popularity as an option for business owners and entrepreneurs to raise money. Generally speaking, equity crowdfunding describes the process where a business owner utilizes an online intermediary or “portal” to ask for money from investors in exchange for the promise of a financial return on that investment. This […]

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