Trust disputes and litigation usually result from ambiguities in the trust terms, disputes over asset distributions, allegations of trustee misconduct, or challenges to the validity of the trust itself. As a trust litigation attorney who advocates for both trustees and beneficiaries, I have seen all sorts of misconduct and rights violations. Common Causes of Trust…
A court recently held that a will is valid even though the witnesses signed as testators on a separate page. Case Title Castruccio v. Castruccio, 146 A.3d 1132 (MD Ct. App. 2016) Case Summary The court held a will was valid even though witnesses signed a separate page as testators. The testator signed the will…
This Minnesota Patients’ Bill of Rights was copied from a Minnesota Department of Health document dated July 1, 2017. Legislative Intent It is the intent of the Legislature and the purpose of this statement to promote the interests and well-being of the patients of health care facilities. No health care facility may require a patient to waive…
This subchapter provides non-financial policy information that applies to Medical Assistance for people receiving services at the Center for Victims of Torture (MA-CVT). Non-financial eligibility requirements are not related to a person’s income or assets. MA-CVT Immigration Status People receiving services at the Center for Victims of Torture (CVT), who are not otherwise eligible for…
If you provide care for a family member, you know that this labor of love can take a toll on your mind and body. Caregiver burnout is the result of providing care without respite, often around-the-clock and for weeks or months on end. In addition to compromising your own health, you also risk the well-being…
If you or a loved one are currently considering or facing the possibility of long-term care in an assisted living or nursing home facility, you may have realized a stunning fact – Medicare won’t cover it. Medicare certainly comes in handy for short-term care and hospital stays, but long-term care is something you’ll have to…
More than 5 million Americans over the age of 65 have been diagnosed with Alzheimer’s disease — and a new senior is diagnosed every 65 seconds. While these numbers might seem shocking, what’s even more alarming are the numbers associated with cost of care. According to the Alzheimer’s Association, it costs an estimated $277 billion a year for all…
The following are terms and definitions for conservatorship, guardianship, and related concepts. Please note, these are common definitions, but precise legal definitions may vary depending on how a term is defined in a contract, law, or case. What is an Affidavit? A sworn statement. What is an Appeal? To bring a case before a higher…
Many Americans think of “illegitimate children” as an old-fashioned concept, especially when it comes to estate planning. After all, children born outside of a traditional marriage has become commonplace worldwide. As of 2014, over 40% of all children born in the United States were born outside of a traditional marriage. Unfortunately for all those children,…
Major studies indicate that more than half of Americans will need nursing home care at some point in their lives. The major questions that stem from this are: first, what can I do now to plan; second, how can I pay for it? Here are a few options to consider. Paying Leverage Home Value There…
Video: Learn About Receipt and Release Forms In this video, you get answers to these questions: What is a receipt and release form? Who is a trustee? What if a receipt and release was not signed? Introduction This template is provided free of charge for the benefit of the public. As with any…
An asset protection trust is a type of trust designed for the purpose of protecting your assets. This type of trust involves a number of legal techniques to protect assets from specific types of threats. When drafted properly, an asset protection trust can provide the following benefits: ensure funds are not used for substance abuse or…
What is a Simple Estate Plan? A simple estate plan is a bare-bones will or trust form with minimal terms, often leaving out terms that address an individual’s unique circumstances and concerns. If there were a one-size-fits-all will template or trust form, the inventor would be a billionaire. Unfortunately, everybody is different. People have different…
Who is the best estate planning attorney in Minnesota? How do you find the best attorney for your will, trust, or other estate planning needs? These aren’t easy questions. Unfortunately, finding the best estate planning attorney in Minnesota is not as easy as you might expect. Many attorneys dabble in doing a will, trust, or probate…
Surveys show most people have never put together an estate plan. For example, Caring.com found 60% of people have no will. They have no trust. They have no plan to protect their family and assets. If you have no plan, what happens? The government has a default plan for you. However, that one-size-fits-all plan may…
It’s no surprise that parents of young families often don’t have any estate plan in place. It’s a busy time of life. Every day is filled with urgent requests for your attention. Still, having a plan doesn’t need to be hard or expensive. There are a few questions young parents can consider before dismissing the…
A Medicaid Compliant Annuity is a financial product that helps elder law attorneys protect their clients’ assets from being lost to nursing home costs. Essentially, the Medicaid Compliant Annuity converts funds that are not exempt from Medicaid into a stream of income that is exempt from Medicaid. When done properly, this expedites eligibility for Medicaid…
Nursing home costs can quickly destroy a lifetime of savings. Attorney Jeff Molever pioneered a trail in Minnesota when he developed the “Family Pot Trust.” The Family Pot Trust is one of a number of tools and techniques to protect assets from long-term care costs. New Solutions for New Problems Estate planning has changed significantly to…
Recording a Deed is Not Necessary to Avoid Probate Transferring real estate into a trust will generally avoid probate, even if the real estate deed was never recorded. In general, a deed does not need to be recorded with the county recorder’s office to be valid. The deed merely needs to be complete and have…
I’ve learned that people will forget what you said, people will forget what you did, but people will never forget how you made them feel. – Maya Angelou The Commemoration of a Life Your funeral could be a dignified, solemn, and even spiritual experience for those who participate in it. While funeral services vary according…
Those who are managing the estate of a loved one who has passed may want to avoid probate while still withdrawing funds in a small bank account. I often get asked about this. The question goes something like this: I am managing the estate of my mother who died. She had money in her bank…
The rights of beneficiaries of a Minnesota trust are primarily based on Minnesota Statutes and the trust document. When a trust document and/or statute imposes a duty on the trustee, for the benefit of the beneficiary, the beneficiary has rights. Here are some examples from the Minnesota Trust Code, Minnesota Statutes chapter 501C. Good Faith…
The FDIC protects some money in bank accounts owned by a revocable living trust. The amount protected depends on the number of beneficiaries. When a revocable trust owner designates five or fewer beneficiaries, the owner’s trust deposits are insured up to $250,000 for each unique beneficiary. This rule applies to the combined interests of all…
“The will to prepare is the key ingredient to success.” –Bud Wilkinson Estate planning attorneys will help you prepare for those years when your primary concern should be to enjoy life with your loved ones. There are several steps…
This article is a section taken from Manual Letter #16.1, a part of the revisions and additions to the Minnesota Healthcare Program Eligibility Policy Manual. Manual Letter #16.1 Welcome to the Minnesota Department of Human Service’s (DHS) Minnesota Health Care Programs (MHCP) Eligibility Policy Manual (EPM). The manual replaces the Health Care Program Manual (HCPM) and the…
This article is a section taken from Manual Letter #17.2, a part of the revisions and additions to the Minnesota Healthcare Program Eligibility Policy Manual. Manual Letter #17.2 This manual letter lists new and revised policy for the Minnesota Health Care Programs (MHCP) Eligibility Policy Manual (EPM) as of June 1, 2017. The effective date of…
Medicare Savings Programs (MSP) Medicare Savings Programs (MSP) are federal and state-funded programs that assist people on Medicare who have limited income and assets by paying some Medicare expenses, such as premiums, deductibles, and coinsurance. A person’s county, tribal, or state servicing agency determines who is eligible for an MSP. There are four types of…
This article is a section taken from Medicare Savings Programs (MSP), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. MSP General Requirements This subchapter provides general policy information that applies to Medicare Savings Programs (MSP). It includes policies that apply to MSPs and links to relevant Minnesota Health…
This article is a section taken from Medicare Savings Programs (MSP), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. MSP Applications The federal government administers the Medicare program and the Minnesota Department of Human Services (DHS) administers the Medicare Savings Programs (MSP). This section outlines the requirements for Medicare…
This article is a section taken from Medicare Savings Programs (MSP), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. MSP Non-Financial Eligibility This subchapter includes non-financial eligibility policies. This covers eligibility factors not related to a person’s income or assets. Medicare Savings Programs (MSP) follow many of the same…