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Updates + Articles

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 … Read More

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 … Read More

Review of UTC Statute of Limitations (1005) to Brings Claims Against Trustee

Minnesota Estate Planning Case : Myers v. First Tennessee Bank, N.A., 503 S.W.3d 365 (TN Ct.App. 2016) Case Summary : Review of UTC Statute of Limitations (1005) to Brings Claims Against Trustee. Myers v. First Tennessee Bank, N.A., 503 S.W.3d 365 (TN Ct.App. 2016). The Tennessee Uniform Trust Code statute of limitations for claims against a … Read More

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 … Read More

Attorney Fees Denied To The Extent They Duplicate Conservatorship Tasks

Minnesota Estate Planning Case : In re the Conservatorship of Merritt Elmer Johnson, filed June 6, 2016, A15-1546.  Case Summary :  Attorney Fees Denied To The Extent They Duplicate Conservatorship Tasks. In re the Conservatorship of Merritt Elmer Johnson, filed June 6, 2016, A15-1546. In this case the conservator did not have extensive experience. The attorney … Read More

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 … Read More

Real Estate Option Purchase Agreement Interpreted Against the Drafter of Agreement

Minnesota Estate Planning Case : Waterworth v. Ekman, 2016 WL 1175099 Filed March 28, 2016 (Minn.Ct.App. 2016) Case Summary : Real estate option purchase agreement interpreted against the drafter of agreement. Waterworth v. Ekman, 2016 WL 1175099 Filed March 28, 2016 (Minn.Ct.App. 2016). Plaintiff was renting 106 acres from Defendant who was later put under conservatorship. Defendant … Read More

Being a farmer does not create special skills raising the standard of care as PR to sell a farm; being a father of person with first right of refusal is not a conflict nor is owning land near the farm a conflict; mere allegations that alternate sales process is more beneficial is not sufficient evidence; PR removed for conflict and sale is voided.

Minnesota Estate Planning Case : In re the Estate of Mae Anderson, deceased, filed July 5, 2016; (Minn.Ct.App. 2016) A15-1513. Case Summary : Being a farmer does not create special skills raising the standard of care as PR to sell a farm; being a father of person with first right of refusal is not a conflict nor … Read More

Case Dismissed Because Minnesota was 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 … Read More