Category: Estate Planning

Why You Shouldn’t Wait to Write Your Will

July 20, 2023  |  William F. Huefner

Writing a will is a task that many people put off. It’s often due to the uncomfortable nature of discussing what would happen after their death. However, creating a will is an essential step in ensuring your final wishes are respected, your loved ones are taken care of, and your legacy is protected. Continue reading, as we discuss the reasons why you shouldn’t wait to write your will and the benefits it brings. Protecting Your Loved Ones Writing a will allows you to designate how you want your assets to be distributed after you have passed away. Without a will in place, your estate may be subject to intestate laws. This can lead to lengthy legal battles, unnecessary stress, and potential disputes among your family members. By having a will, you are providing clear instructions on who should receive what, ensuring your loved ones are taken care of according to your wishes. Guardianship of Minor Children If you have children who are minors, a will provides an opportunity to name a guardian who is going to take care of them in the event of your untimely passing. Without a designated guardian, the decision of who will take care of your children may be left to the courts. This can cause an additional emotional…

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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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