Advance Mental Health Care Directives

Posted by Gregory Singleton | Feb 16, 2022 | 0 Comments

In today's video we explore Advance Mental Health Care Directives. What are they, what should be included, and can they even be done in Minnesota, a state without a mental health care directive or psychiatric directive statute? (Hint: They can!)

Revocable Living Trusts: Top 6 Myths - Part II

Posted by Gregory Singleton | Feb 02, 2022 | 0 Comments

In this Part II of a two part series, we explore three additional myths about revocable living trusts. These myths are: Myth 4: Revocable Living Trusts Protect Assets From Creditors Myth 5: Revocable Living Trusts Always Cost Less in Administration than Wills Do In Probate Myth 6: Asset...

Revocable Living Trusts: Top 6 Myths (Part I)

Posted by Gregory Singleton | Jan 19, 2022 | 0 Comments

In today's video we discuss three of the top 6 myths about revocable living trusts. Myths in this Part I of a two part series include: Myth 1: People Cannot Challenge a Revocable Living Trust Busted: Yes, they certainly can. There are procedural differences and different notice requirements, ...

Children: Inheriting During Probate

Posted by Gregory Singleton | Jan 05, 2022 | 0 Comments

Whether or not someone is another's child is a complicated question. In today's video we look at the statutory definition of "child" and run some hypotheticals regarding whether or not a person in a situation is another's child. Finally we look at three key ways that this matters in any probate.

Notices During Probate

Posted by Gregory Singleton | Dec 22, 2021 | 0 Comments

There is a lot of paperwork and documentation that goes into a probate. In today's video we take the position that we are an interested party in a probate, but not the personal representative. What are the notices and documents we will or may receive in the mail during the process? What do th...

Exempt Assets & Summary Distribution

Posted by Gregory Singleton | Dec 08, 2021 | 0 Comments

Creditors do not have a claim on every asset in probate. In fact, some assets are explicitly exempt from creditor claims by statute. In today's video we discuss what is an exempt asset. We go over the three types of exempt assets – homestead, selected property, and family allowance – and how they...

Formal v. Informal Probate

Posted by Gregory Singleton | Oct 27, 2021 | 0 Comments

In today's video we discuss the difference between formal and informal probate. Why might you want one over the other? Which one is more expensive? Why might you be forced into one or the other?

Appointing a Personal Representative

Posted by Gregory Singleton | Sep 29, 2021 | 0 Comments

In today's video we discuss the process of getting appointed as personal representative. Who can legally qualify and what is the priority of appointment. Also, what happens when two people want to be co-personal representatives, or what if nobody wants to be personal representatives? It's a compl...

Probate Assets

Posted by Gregory Singleton | Sep 15, 2021 | 0 Comments

Probate assets are those assets that are distributed through the probate process. In today's video we explore what these assets are and how to convert a probate asset into a non-probate asset. If you have a question about probate, please contact Signature Law for a free consultation!

Video Recording a Will Signing

Posted by Gregory Singleton | Aug 21, 2021 | 0 Comments

Sometimes when one is anticipating that someone will challenge their will, they want to provide extra proof of “testamentary capacity” – i.e., that they were of sound mind when they signed their will. One way to attempt to do this is to video record the signing of the will. In today's video we di...

Estate Planning and Turning 18

Posted by Gregory Singleton | Aug 04, 2021 | 0 Comments

Most people don't think about estate planning until they have a kid, a house, some assets, or even until they are retired. But there are some aspects of estate planning that are important for people who are turning 18 and leaving the house or going to college. In today's video we discuss what est...

Working with an Estate Planning Attorney

Posted by Gregory Singleton | Aug 01, 2021 | 0 Comments

You've watched some videos, learned about estate planning, put together your needs and wants, attended an initial consultation, come up with an estate planning strategy, and turned it over to the attorney to do their thing. A week or two later you get an email with a link to an encrypted file con...

No Contest Clauses

Posted by Gregory Singleton | Jun 09, 2021 | 0 Comments

A “no contest clause”, or “in terrorem clause” is a provision in a will or trust which states that if a person challenges the will, then their inheritance through the will or trust is void and they get nothing. They are not always enforceable, depending on the jurisdiction. Also, if not drafted c...

Joint Wills: Are They A Thing?

Posted by Gregory Singleton | Jun 09, 2021 | 0 Comments

Today we explore what is a “joint will”. Is this a real thing and are they something you should be considering? Or, are they a relic of the past that has no place in modern estate planning. We also look briefly at the alternatives, including mirror wills, joint revocable living trusts, and separa...

Revocable Living Trusts: Joint v. Separate

Posted by Gregory Singleton | May 26, 2021 | 0 Comments

In today's video we explore revocable living trusts for married couples. Should you have a joint revocable living trust or separate revocable living trusts? In a joint trust, the spouses share a revocable living trust. Each is a trustee of the entire trust and thus owns all property in the trust....

Trusts for Children: Pot Trusts v. Separate Trusts

Posted by Gregory Singleton | May 12, 2021 | 0 Comments

In today's video we look at trusts for children. The two key structures are setting up pot trusts and separate trusts. We look at how they are structured and why you might prefer one over the other. In Minnesota, a person cannot inherit until they reach the age of 21. That means anything they inh...

Pets & Estate Planning – Part II

Posted by Gregory Singleton | Apr 28, 2021 | 0 Comments

Pet trusts are a relatively new concept in the world of law, and the courts are still trying to figure out how to best treat them. In today's video we explore some famous examples of pet trusts. We look at the circumstances, litigation, and current disposition of the pet trusts of Leona Helmsly, ...

Pets & Estate Planning – Part I

Posted by Gregory Singleton | Apr 14, 2021 | 0 Comments

Our pets are part of our family. But have you taken steps to care for your pet after you have passed? There are essentially two ways to do so in estate planning. First, you can assign the next caretaker of your pet in a will. You can even leave the caretaker of your will a lump sum of money to he...

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