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In the News

Helpful blog posts on estate tax law changes for 2010

by Boyd Johnson on January 11, 2010

Joel A. Schoenmeyer, a Chicago-area attorney, is publishing a series of excellent blog posts regarding implications of the estate tax law changes on his Death and Taxes Blog. These posts are helpful primers for understanding what is going on this year.

The series is entitled, “5 Things You Need to Know About the Estate Tax in 2010” and the posts he has published so far are linked below:

  1. Capital Gains
  2. Retroactivity
  3. Trust Problems
  4. State Estate Taxes
  5. 2011 and On

Updated on 1/27/2010

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There has been some confusion in the Minnesota probate sphere concerning the effective date for the new asset limit for the Affidavit of Collection process.

For a recap of the issues, see here and here.

Multiple sources have confirmed that the effective date is 12:01 a.m. on August 1st and that the new asset limit is not currently in effect. Since the bill that was passed listed no effective date, the default date for non-appropriation bills is August 1st.

Practice Tip: If you have an estate that has more than $20,000 but less than $50,000 of probate assets, consider waiting until August 1st to take advantage of the new statute. Also recall that the successor need not present the affidavit in duplicate (a requirement under the old/current statute).

Special thanks to Tom Holker of Holker Law Offices for his work on verifying the effective date with the House Clerk.

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Small is now bigger, but dangers abound: Changes to Affidavit for Collection of Personal Property

May 26, 2009

“Small” is now bigger thanks to Governor Pawlenty’s approval of H.F. 265. The new law makes changes to Minnesota’s probate code.
Among other things, the bill revised Minn. Stat. 524.3-1201, the procedure for collecting personal property of a decedent by affidavit. Changes to this statute include:

The asset limit increases from $20,000 to $50,000.
The successor no [...]

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Probate court fees set to increase

May 18, 2009

Minnesota Governor Tim Pawlenty has signed S.F. No. 802, which increases court filing fees (357.021, subd 2). The filing fees that affect probate cases include the following:

The filing fee increases from a base of $240 to a base of $310
Certified copies increase from $10 per copy to $14.
Other copies increase from $5 to $8.
Motion fees [...]

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Intestacy calculator

January 26, 2009

Forbes has made available an intestacy calculator online. I haven’t tested it enough to determine whether it is accurate. However, it appears to generally give the right answers, though the calculator is rather simplistic. For example, it doesn’t calculate the spousal elective share nor take into account the descent of the homestead, both [...]

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Map of state estate tax thresholds

January 26, 2009

Forbes has published a helpful map showing states that still have an estate tax (like Minnesota), their exemption levels, and their tax rates. See the image below or click here for the link an an explanation of the color coding.

Source: Forbes.com at http://images.forbes.com/media/2009/01/19/statetaxmap_565×381.gif

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Obama and estate taxes

January 12, 2009

The Wall Street Journal has an article today on Obama’s plans to keep the federal estate tax. Here are the highlights:

The Senate Finance Committee Chairman, Max Baucus, will “move in the next few weeks” on addressing the estate tax. It is expected that he will advocate reversing current law, which would eliminate the estate [...]

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New numbers for a new year

January 1, 2009

As a reminder for estate planners, two new numbers you should be aware of in 2009:

The federal estate tax exemption amount is now $3.5 million (Minnesota’s remains unchanged at $1 million).
The annual gift tax allowance is now $13,000 (the lifetime gift tax exemption is frozen at $1 million).

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Are Amendments to Minnesota’s Probate Code Coming?

November 13, 2008

This summer the Commissioners on Uniform State Laws convened to finalize 2008 amendments to the Uniform Probate Code for recommendation to the states. You can view the 2008 approved amendments (red-line version) by clicking here.
It will be interesting to see whether Minnesota’s legislature adopts any of the new amendments. I’ve heard rumblings that [...]

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Article on Minnesota’s Transfer on Death Deed

November 5, 2008

Minnesota State Bar Association members: watch for my article on Minnesota’s transfer on death deeds, published in November’s issue of the Bench & Bar Magazine. The article focuses on the basics of the new law and how you might use it in your estate planning practice.
Update (11/18/08): The article is now online.

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