Category: Estate Planning

Proposed Rule Amendments Governing Minnesota Veterans Homes Disapproved

July 20, 2022  |  Cathryn Reher

On April 15, 2022, Administrative Law Judge Jessica A. Palmer issued her order rescinding the Minnesota Department of Veteran Affairs Additional Notice Plans and disapproving in toto the proposed changes to the Minnesota Veterans Homes Rules (Minn. R. Ch. 9050).  The proposed amendments related to admissions, discharges, and billing procedures. Members of the Elder Law Section along with many stakeholder groups over a three-month period committed significant time to research, raised substantive written objections, and testified at the public rule-making hearing on January 31, 2022.  The resulting order found the “Department did not establish that it complied with all procedural requirements of law and rule, or that the proposed rules are needed and reasonable. The Department failed to adequately address all of the regulatory factors required for consideration in the Statement of Need and Reasonableness (SONAR) under Minn. Stat. § 14.131. This is a prejudicial defect and not a harmless error.”  Further, the ALJ determined “the MDVA misrepresented its engagement with the public in the development of the proposed rules. The Administrative Law Judge would not have approved the MDVA’s Additional Notice Plan as proposed had she known that the SONAR’s description of the level of prior stakeholder involvement was not true.”  The MDVA committed five years to the rule-making process and all…

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Protecting your Inheritance: How Undue Influence can Overcome a Loved One’s Wishes

July 6, 2022  |  Tyler W. Eubank

Undue influence is when another person uses influence to such a degree that the free agency of your loved one, referred to as the “testator,” is destroyed or overcome. Then the desires of the influencer are inserted in place of the testator.

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Wills and Estates: Are you prepared for that next step in life?

May 26, 2022  |  admin

Writing a will and planning for that next step in your life can be an emotional and overwhelming process. Many people tend to avoid it until it’s too late. There are several things you’ll need to have in order when setting up your will. It is not as easy as simply writing it up yourself and keeping it in a place for someone to find. A will is something that needs thorough planning, oftentimes with the help of a legal professional. Continue reading to find out how you should properly handle creating your will and what documents you will need. What are the documents needed for a will? First things first, what exactly is a will? A will is a legal document that details your wishes regarding the distribution of your finances and property, the care of your minor children, as well as other material possessions you may own in the event of your death. It allows you to direct how your belongings which can include bank accounts, investments, real estate, and jewelry, are distributed and to whom. If you decide to prepare your will yourself, begin by compiling a list of your assets and debts. Be sure to include all contents like safe deposit boxes, family heirlooms, and other assets that you wish…

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