October 2008

Errors in the Statutes

by Boyd Johnson on October 31, 2008

When you read through Minnesota’s statutes on probate, it is amazing what you find. In the past month, I’ve found three errors– statutes that refer to non-existent statutes.

Here’s the list:

  • 524.3-303 and 308 refer to clause 19 of 524.1-201. There is no clause 19. Presumably the reference should be clause 24.
  • 524.3-413 refers to 525.02. The latter statute was repealed in 2006.

Categorized in Commentary and tagged as , ,

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Minnesota Trust Administration Deskbook

by Boyd Johnson on October 30, 2008

I just received the 2008 update to the Minnesota Trust Administration Deskbook published by Minnesota CLE. It is a “must-have” for anyone practicing in the area of trust administrations. If you don’t have it, add it to your short-list of publications to purchase.

Categorized in Probate Practice and tagged as ,

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Letters Testamentary or Letters of General Administration?

October 29, 2008

The document that evidences that a person has been appointed by the Court to be the personal representative of an estate is called either the Letters Testamentary or Letters of General Administration. Which document is appropriate depends on whether the decedent died with or without a Will. Letters of General Administration issue whenever the decedent [...]

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Updated Probate Statutes

October 28, 2008

The online version of the Minnesota statutes has now been updated for 2008 legislation. I like to bookmark chapter 524 of the Probate Code so that I can perform keyword searches throughout the entire chapter or read successive sections. In my view, the most important change this year was to §524.2-402 (descent of homestead). The [...]

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Changes to Formals in Hennepin County

October 27, 2008

As I reported earlier, Hennepin County Probate is no longer arranging for publication of the notice in informal probates. I learned today that the Court will also no longer arrange for publication of the notice in formal probates. So far, there has been no indication from the Court as to how this will work procedurally. [...]

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Notice of Hearing: Lost Will

October 21, 2008

When probating a lost, destroyed, or otherwise unavailable Will, remember to include a statement to that effect in the notice of the initial hearing as mandated by 524.3-403(a) of the Minnesota Probate Code. The best practice is to include language indicating the status of the Will throughout the notice. For example, if the Will has [...]

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Gift Tax Allowance Increased to $13,000

October 17, 2008

The gift tax allowance will be increased to $13,000 (up from $12,000) effective January 1, 2009.

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Nominated vs. Appointed

October 16, 2008

Here’s a story I hear frequently from new clients: Mom passes away leaving Son as the only surviving family member. She had a Will leaving everything to Son and nominating him as the personal representative. Son knows that Mom has a bank account and goes to the bank to collect the funds. He brings with [...]

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The Candidates on Estate Taxes

October 15, 2008

The Wall Street Journal has a good article today summarizing the presidential candidates’ positions on the estate tax. Both candidates favor portability of the estate tax exemption but differ on the rates and exemption amounts. While changing the federal tax code to allow portability would be a good idea, its value to Minnesota residents would [...]

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Changes to Informals in Hennepin County

October 13, 2008

Hennepin County Probate is no longer arranging for publication of the notice in informal probates. According to a special edition of the Probate In Common Form newsletter, beginning November 1, 2008, attorney applicants “will be entirely responsible for the preparation of the informal probate notice and arranging for publication of the informal notice.” The attorney [...]

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