This question is one of the most commonly asked questions that I hear as a Minnesota probate attorney. Here is the typical scenario where this comes up. Mom or dad has died. Now the surviving spouse dies. The surviving spouse (let’s say it is mom in this case) left a bank account that the children…

When Will the SECURE Act Become Law? On May 23, 2019, by a vote of 417 to 3, the US House of Representatives passed the Setting Every Community Up for Retirement Enhancement (SECURE) Act of 2019 (H.R.1994). The SECURE Act will now head to the Senate for review. How long the Senate may take to…

When establishing a trust, you need to give serious thought to choosing your successor trustee—the person who will administer your trust once you’re no longer able to do so. This individual ideally should be: Someone you trust implicitly.Someone who is organized, responsible and meticulous.Someone who can remain steadfast to your wishes in the face of…

While it is an honor to be named as an executor of a will or estate, it can also be a daunting responsibility and a thankless job. Being an executor (now known as a personal representative) requires a high level of organization, foresight, and attention to detail to meet responsibilities and ensure that all beneficiaries…

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