July 2010

Estate Planning Review: Choosing a Will or a Trust

by Doug Dehn Winter 2007 In Brief Newsletter Should I have a Will or a Trust? This is a common client interview starting point. The answer is not always simple. Discussion ensues as to what the pros and cons are as to Wills and Revocable Living Trusts (RLTs). Wills may simply name your beneficiaries, personal representative and alternates and contain other basic terms. A will may also contain a Contingent Trust for the benefit of children or grandchildren, a Disclaimer Trust for estate tax planning purposes, or both. An RLT, designed to avoid probate and insure privacy, also designates beneficiaries, successor trustees and alternates. An RLT may also contain a Contingent Trust, A Disclaimer Trust or both. Because there are relatively simple steps with a..

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Buying Real Estate: Investigate the Title

By Timothy D. Erb In Brief Newsletter Fall 2006 In the past, when a buyer wanted to investigate the title to real estate, a call to his or her attorney was likely necessary. Today, there are two methods to investigate a title to real estate: hiring an attorney or using a title insurance company. Title insurance is very similar to an opinion of an attorney in that it provides an opinion as to the status of the title. However, title insurance also creates a way to make a claim on the policy if the opinion of the title company is incorrect. This article provides additional information regarding investigation of the title to real estate when the buyer elects to obtain title insurance. There are two..

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Confronting Employees with Bad Attitudes

By Bradley A. Kletscher In Brief Newsletter Winter 2006 Every employer has had an employee with a poor attitude. It may be the employee who gives fellow employees the cold shoulder. Or it may be an employee who tells you he will follow instructions and then turns around and does what he wants. It might even be an employee who is rude to customers who are asking for help. While each situation is different, the common theme is that the employee has a bad attitude. As hard as it is from a personal level to confront employees with a bad attitude, and employer must do it. Allowing a bad attitude to continue will only make the work situation intolerable. An employee with a..

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Beware of the Franchise

by Kip R. Peterson and Dainel D. Ganter, Jr. Spring 2010  In Brief Newsletter Believe it or not, your business could be a FRANCHISE.  If so, failure to comply with applicable laws and regulations could result in serious consequences.  Ignorance of these laws and regulations is no defense. When most people think of a franchise they think of fast-food restaurants, fitness chains and hotels.  However, Minnesota law broadly defines the term “franchise,” potentially expanding the reach of the franchise laws and regulations to include legal arrangements such as license agreements, consulting agreements, and distribution agreements.  It is important to note that it doesn’t matter what the parties call their relationship.  If the elements of a franchise are met, the parties must comply with the franchise..

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