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Questions Answered by Scott Maki

1 Answer | Asked in Estate Planning for Minnesota on

Q: What happens if we can't locate my mom's will after she passes?

Scott Maki answered on Dec 11, 2018

Unfortunately, if you cannot find her Will, her estate will be treated as if there never was a Will. Her estate will then follow the MN rules of Intestate Succession.

Here is a link to the MN Rules, if that helps: https://www.revisor.mn.gov/statutes/cite/524.2-101

Thanks for the...
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1 Answer | Asked in Estate Planning for Minnesota on

Q: What need to be done to protect my property from state.

I have one house and one town home. I want to make sure that 100% of my property will go to my children only. Not to the state or medical bills or creditors.

Scott Maki answered on Aug 15, 2018

Thank You for your question. The best way to ensure your heirs inherit your property while protecting it from creditors - especially medical providers and the like, is to transfer it into an Irrevocable Trust.

The Trust will then own the property, not you. This is important because if you...
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1 Answer | Asked in Estate Planning for Minnesota on

Q: Can I leave all my property to my children and protect from creditors, hospitals...etc.

Scott Maki answered on Aug 15, 2018

Thank You for your question. The best way to ensure your heirs inherit your property while protecting it from creditors - especially medical providers and the like, is to transfer it into an Irrevocable Trust.

The Trust will then own the property, not you. This is important because if you...
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1 Answer | Asked in Estate Planning and Social Security for Minnesota on

Q: Q: Can my special needs relative receiving SSI pay me for assisting him with his mom's final arrangements.

This has included but not limited to doing the funeral arraignments, looking for an attorney, providing transportation, cleaning out his mother's rented house, getting info for setting up an SNT and ABLE account, and countless other errands. I guess what I need to know is him paying me an eligible... Read more »

Scott Maki answered on Jul 19, 2018

Thank You for your question.

I actually answered it the first time you posted it last week... But in case you missed it, here is my answer again:

The short answer: Yes. Assuming there was a Will, and your relative was named Executor, he is free to seek whatever reasonable...
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1 Answer | Asked in Estate Planning and Social Security for Minnesota on

Q: Can my special needs relative receiving SSI pay me for assisting him with his mom's final arrangements.

This has included but not limited to doing the funeral arraignments, looking for an attorney, providing transportation, cleaning out his mother's rented house, getting info for setting up an SNT and ABLE account, and countless other errands. I guess what I need to know is him paying me an... Read more »

Scott Maki answered on Jul 17, 2018

Thank You for your question. The short answer: Yes. Assuming there was a Will, and your relative was named Executor, he is free to seek whatever reasonable assistance is needed to carry out his duties. Being an Executor is work, as are all the duties necessary to carry his responsibilities. As long... Read more »

1 Answer | Asked in Estate Planning for Minnesota on

Q: Can I leave all of my property to just one of my children?

Scott Maki answered on May 11, 2018

The short answer is Yes, you can leave all of your property to just one child. However, in order to accomplish that, you will need to specify those wishes clearly in properly drafted estate planning documents.

Generally, it is assumed that if a decedent doesn't have a spouse, that he/she...
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1 Answer | Asked in Estate Planning for Minnesota on

Q: I've heard we should consider putting someone's house in trust before you put them in assisted care

- is that the best way to protect the asset?

Scott Maki answered on Apr 21, 2018

Thanks for your question. The answer likely depends on WHEN they enter assisted care.

The best bet is often to transfer a home into an Irrevocable Medicaid Asset Protection Trust, but there are exceptions (have a spouse in remaining in the home, have an adult child who has been living in...
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2 Answers | Asked in Estate Planning for Minnesota on

Q: What are the tax benefits/disadvantages of selling land in MN before vs. after the owner's death.

My elderly mother wishes to sell lakefront property (never used as a primary residence) and divide the proceeds between her adult children. She is 90 yrs old and in a nursing home. The children wish to know if it is prudent financially to sell it now or better to wait until she passes. She has... Read more »

Scott Maki answered on Mar 31, 2018

Thanks for your question. And it was good for you to ask BEFORE selling the property, because there IS a big tax disadvantage to selling the property now - it's called "step-up in basis."

If your mother sells her home now and does not buy a replacement, she will likely lose the homeowners...
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2 Answers | Asked in Estate Planning for Minnesota on

Q: What takes precedence at death, the will or the papers from financial planning?

Scott Maki answered on Feb 13, 2018

It depends on the asset. Here are some examples:

-If the person created a Trust as part of their financial plan, the Trust controls all assets named in the Trust.

-If a Trust was NOT created then:

--If there was real estate, then MN REQUIRES the Will to go through probate if...
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1 Answer | Asked in Estate Planning for Minnesota on

Q: Is it illegal to deposit money into my deceased father’s account so the mortgage is paid with automated withdrawal?

Scott Maki answered on Jan 27, 2018

Thank You for the question!

No, it is not illegal to ADD money to an account. However, keep accurate records of when, how much and why.

But this raises some important questions: who is handling your deceased father's estate? Did he have a Will, and is there an Executor? Are you the...
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1 Answer | Asked in Estate Planning for Minnesota on

Q: Quit claim deed in regards to living trust

How can our sister who is successor trustee of living trust be named as the grantee in the form of Jane Doe ,Trustee not Jane Doe , Successor Trustee also named is living trust by its title

Scott Maki answered on Jan 22, 2018

"Successor" trustee just designates who will be trustee of the living trust in the FUTURE - after the original grantor of the living trust dies or becomes incapacitated.

However, when the original grantor does or becomes incapacitated, your sister will then BECOME "trustee" and no longer...
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1 Answer | Asked in Estate Planning for Minnesota on

Q: A personal care agreement was added to an irrevocable trust under an amendment created by trustee.

agreement states that the caregiver also a beneficiary will be paid for care provided from 2012 to passing of final grantor in 2016.The amendment was drawn up, witnessed, and notorized by trustees attorney. the amount close to 150k was secured by taking a statutory mortgage out on property in trust... Read more »

Scott Maki answered on Jan 11, 2018

If the Trust is indeed irrevocable, the GRANTOR typically cannot change/cancel the Trust without the consent of all the Beneficiaries (at a minimum - the Trust documents may not even allow that).

However, after assets are transferred into the irrevocable Trust, the TRUSTEE then assumes...
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1 Answer | Asked in Estate Planning for Minnesota on

Q: If a couple is married, can a husband leave a wife out of his will - including his shared of any assets jointly owned?

Scott Maki answered on Dec 22, 2017

The answer for Minnesota is No, you cannot completely disinherit your spouse.

Rather than me including the MN Statute, here is the link to the MN Elective Share Statute:

https://www.revisor.mn.gov/statutes/?id=524.2-202

You will see it also refers to the "augmented estate"...
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1 Answer | Asked in Family Law, Real Estate Law and Estate Planning for Minnesota on

Q: how can i prove the last will and testament is not true that my estate has been taken from me by my fathers family,

this has happen in the state of arizona and how do i proceed in minnesota, how do i ubtain a legal copy of the last will and testa ment

Scott Maki answered on Dec 14, 2017

Hello, Thank You for your question! Unfortunately, the work you need to do is with the Arizona court where this was handled, not in a Minnesota court. But regardless, to get started, you will need a copy of the Will. Luckily, a Will that went through probate is a matter of public record (I am... Read more »

2 Answers | Asked in Estate Planning for Minnesota on

Q: My cousin died intestate. She was a Minnesota resident. She has no living immediate family; parents, sibling deceased;

No children for her or her sibling. Her deceased father has one living brother; other siblings of both father and mother are dead. Would the Uncle be the only heir or would the children of the father’s deceased siblings also be heirs?

Scott Maki answered on Dec 14, 2017

Thank You for your question! Minnesota has set out in Statute the order of preference when determining descendants if a Minnesota resident (or someone who has an interest in real estate in Minnesota) dies without a Will (known as "Intestate"). These rules are called "Intestate Succession." Below,... Read more »

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