Estate Planning, Probate, & Elder Law
The Attorneys of Gammello-Pearson PLLC have extensive experience in Estate Planning, Probate and Elder Law. Every estate has unique issues or special concerns and the firm’s Estate Planning, Probate and Elder Law Attorneys listen carefully and provide comprehensive, practical planning advice and solutions. We can assist with all Estate Planning, Probate and Elder Law matters, including:
A Will is a legal document that, among other things, determines how your property is transferred when you die. If you die without a Will, Minnesota’s inheritance or intestacy laws will determine how your estate is handled and distributed. One of the major practical reasons to have a Will is that a Will allows you to designate key people to administer your estate. This includes the personal representative (executor) of your estate who will be responsible to locate and identify all of your assets as well as your liabilities, will be responsible to pay your estate’s expenses and distribute your assets as directed by the Will. A Will also allows you to nominate a guardian, if you have minor children, to take care of them when you are gone. A Will allows you to transfer property to people of your choosing, including those persons who are not related to you.
Wills In Minnesota
In Minnesota, for a Will to be valid, the person making the will (testator) must be: 1.) Eighteen years old; 2.) The Will must be in writing; 3.) The Will must be signed by the testator, another person at the testator’s direction and in the testator’s presence or by the testator’s conservator pursuant to a court order; 4.) The Will must be witnessed by at least two people who must also sign the Will, and 5.) The testator must intend for the actual document to operate as a Will.
Contact us to arrange an appointment to speak to one of our estate planning lawyers about your Will.
*This material is educational only, it does not constitute legal advice, it should not be relied on and it does not create an attorney-client relationship.
A trust is a legal entity managed by a trustee. A person who creates a trust (the settlor) transfers property or assets to a trust that is then managed by the trustee for the people the trust was set up to benefit (the beneficiaries). There are two main categories of trusts: Inter-Vivos and testamentary. Inter-Vivos trusts are said to be “living” because they are created during the lifetime of the settlor when the settlor transfers property or assets to the trust. Testamentary trusts, by contrast, are created by a settlor’s will and only come into existence after the settlor dies. Trusts are a useful estate planning tool because they allow the settlor control over how property and assets are managed, can have beneficial tax implications and can protect property from certain types of claims.
Contact us to arrange an appointment to speak to one of our lawyers about your trust matter.
*This material is educational only, it does not constitute legal advice, it should not be relied on and it does not create an attorney-client relationship.
A power of attorney (POA) is a document that allows another person (agent or attorney in fact), to act on your behalf (the principal). The power of attorney can be limited to certain areas of affairs or can be general and allow an agent the ability to manage all aspects of the principal’s affairs. Powers of attorney can be durable or nondurable. Durable powers of attorney remain effective if the principal is ever incapacitated while nondurable powers of attorney do not. All POA’s terminate or expire at the death of the principal and the agent loses the ability to act on behalf of the principal when the principal dies. Powers of attorney can be a useful tool in the management of a principal’s estate.
Contact us to arrange an appointment to speak to one of our lawyers about powers of attorney.
*This material is educational only, it does not constitute legal advice, it should not be relied on and it does not create an attorney-client relationship.
A health care directive is a document that allows you (the principal) to give guidance to health care providers about how your healthcare is managed or to appoint a healthcare agent to make decisions about your healthcare on your behalf. Health care directives only become effective when the principal is unable to make decisions on their own. A health care directive can give specific instructions to both health care providers and health care agents about, among other things, how care is to be managed, what medical steps are to be taken or not taken, whether anatomical gifts should be made if the principal dies and how the principal would like their remains handled after death (I.E. burial, cremation, etc.).
Minnesota Health Care Directive
To be legally sufficient in Minnesota a health care directive must:
- Be in writing
- Be Dated
- State the principal’s name
- Be executed by a principal with the capacity to do so with the signature of the principal or with the signature of another person authorized by the principal to sign on behalf of the principal
- Contain verification of the principal’s signature or the signature of the person authorized by the principal to sign on behalf of the principal either by a notary public or by witnesses as allowed by Minnesota law
- Include a health care instruction, a health care power of attorney, or both.
Contact us to arrange an appointment to speak to one of our lawyers about health care directives.
*This material is educational only, it does not constitute legal advice, it should not be relied on and it does not create an attorney-client relationship.
Both Minnesota and the federal government collect estate tax on eligible estates. Generally, this means that if the value of an estate is over a certain amount then the value of the estate over that amount is subject to estate tax. This number above which estates are taxed is called the estate tax exemption. Both Minnesota and the federal government have estate tax exemptions. Under current law they are not the same. Both federal and Minnesota estate tax exemptions tend to fluctuate year-to-year. Taking advantage of, and planning around, these exemptions can result in significant tax savings which will preserve for the heirs of the estate a greater amount of value.
Contact us to arrange an appointment to speak to one of our lawyers about estate tax planning.
*This material is educational only, it does not constitute legal advice, it should not be relied on and it does not create an attorney-client relationship.
Probate proceedings concern the administration of the estate of a deceased person. During probate proceedings a personal representative will be appointed and claims against the estate are resolved as is the distribution of property allocated under a will. The validity of wills may be challenged in this type of proceeding as well. Not all of a deceased person’s assets may be subject to probate and part of our practice is assisting testators (those making a will) in exempting property from the probate process, if possible, in order to avoid the expense of probate proceedings.
Contact us to arrange an appointment to speak to one of our lawyers about probate proceedings.
*This material is educational only, it does not constitute legal advice, it should not be relied on and it does not create an attorney-client relationship.
A guardian and or a conservator may be appointed to manage the personal and or financial affairs of a person (ward) who is unable to do so on their own. A guardian is responsible for the personal care of a ward while a conservator manages a ward’s financial affairs. Both guardianships and conservatorships can be limited in scope to only certain areas of a ward’s personal care or financial affairs or can be unlimited. This may mean, for example, that a guardian can make decisions regarding where a ward lives, but not authorize medical care for the ward. Similarly, a conservator might be given authority to administer a ward’s financial accounts but not their real estate holdings. Guardianships and conservatorships are generally sought for people that are disabled or unable to manage their own affairs, but can also be sought for minors in certain situations.
Contact us to arrange an appointment to speak to one of our lawyers about guardianship and conservatorship proceedings.
*This material is educational only, it does not constitute legal advice, it should not be relied on and it does not create an attorney-client relationship.
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