– Legal Insights –
For many business owners, their business is one of the most valuable and important things they own. When it is time to sit down and create an estate plan, it is critical that business owners plan for their business just as they would plan for their home or finances. Effective...
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Minnesota and the nation pause this Monday (Jan. 18) to honor the memory of Dr. Martin Luther King, on the 30th anniversary of the day set aside to commemorate his life and work. The civil rights leader, born on January 15, 1929, would have turned 87 years old last week....
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On January 1, 2016 Minnesota’s version of the Uniform Trust Code became effective, bringing with it significant changes to the drafting and administration of trusts in Minnesota. Before we begin our discussion, let’s define what we mean by a “trust.” A trust is a three-party agreement between the maker (referred...
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Claims Process 102 In my first article I described rules that insured property owners must abide by for a successful claim. In this article I will address rules that insurance companies must follow. Many of these rules are imposed by state law. State law writes part of an insurance policy.[1]...
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Directed Trust Introduction. While Section 807 clarifies the trustee’s ability to delegate duties and powers to an agent, Section 808 introduces a new concept to Minnesota law: the “directed trust.” In a directed trust, the trustee is required to follow the direction of an “investment trust advisor,” a “distribution trust...
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The recent Tax Court opinion in Parks v. Commissioner[1] has put the non-profit community on alert of the possible pitfalls involved with lobbying efforts by non-profit organizations. The case highlights the extensive rules and regulations that govern lobbying and political activities by non-profits. In addition, there are different rules depending...
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Decanting Introduction. Decanting is a concept derived from its traditional meaning of pouring a liquid from one container to another. For trusts, the statute introduces a new concept that will allow trust assets to be transferred from one trust to another. Technically it is referred to as the exercise of...
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Claims Process 101 Property owners that make their first insurance claim often feel overwhelmed by the process. This article is the first in a series which is intended to give an overview of the process. In my first installment, I will summarize important obligations property owners hold during the claims...
As of January 1, 2016 Minnesota’s version of the Uniform Trust Code becomes effective bringing with it significant changes to the drafting and administration of trusts in Minnesota. Before discussing these changes, we should discuss what constitutes a trust. A trust is an agreement between the maker of the trust,...
By Earl H. Cohen In planning our estates most of us have been focused on minimizing taxes, probate, and making certain that our assets pass to our intended beneficiaries. The assets we tend to be concerned about generally fall into the categories of real estate, cash and securities accounts, tangible...
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The ADA prohibits an employer from requesting a medical examination simply because of a known disability. A medical examination is a procedure or test that seeks information about an individual’s physical or mental impairments or health. A fitness for duty evaluation generally will be considered a medical examination subject to...