Category Archives: Uncategorized

The Court establishes a balancing test to determine if an estate should be held open for a contingent claim.

Posted on August 26, 2019 by

In re the Supervised Estate of: Brian Scott Short, Deceased,  __ N.W.2d __ (Minn.App. 2019); filed August 26, 2019 A18-1682. “When determining whether to distribute assets or hold open an estate with a contingent claim, courts must apply a balancing … Continue reading →

Posted in 524.3-502, 524.3-504, 524.3-505, balancing test, creditor claims, supervised probate, Uncategorized | Tagged ,

2019 Minnesota Non-Tax Case Law Update

Posted on June 11, 2019 by

The Minnesota Non-Tax 2019 case law update is here. This includes some updates on interesting law across the country.

Posted in Uncategorized

Trustee Attorney Fees are Properly Paid from the Trust under Minn. Stat. Sec. 501C.0709, 1004; Breach of Fiduciary Duty Claims Require Proof of All Elements; Removal of Trustee Under 501C.0706 Reviewed

Posted on January 14, 2019 by

The Court of Appeals issued the long awaited Lund appeal which addressed several issues but this review only touches on 3 issues. The first issue is the right of a trustee to have its attorney fees paid from the trust. The … Continue reading →

Posted in 501C.0706, 501C.0709, 501C.1004, Attorney fees, Breach of Fiduciary Duty, Uncategorized

Guardians have the power to bring a harassment restraining order for a ward.

Posted on November 26, 2018 by

In the case of Thompson v. Thompson, A18-0309, Filed November 26, 2018 the guardian for a ward sought a harassment restraining order (Minn. Stat. 609.748, subd. 5(b)(3)) on behalf of the ward against the former step-parent/former co-guardian. The court granted … Continue reading →

Posted in 609.748, Guardianship, Harassment Restraining Order, HRO, probate, Uncategorized, Ward

Settlement Agreement is enforced even when formal agreement is not finalized.

Posted on August 28, 2018 by

Settlement Agreement and Memorandum of Understanding is an Enforceable Agreement, Minn. Stat. § 572.35 Subd. (1)1, and Personal Representative could settle the claim under Minn. Stat. § 524.3-715(27) without satisfying Minn. Stat. § 524.3-912 even when settlement altered distributions of … Continue reading →

Posted in 524.3-715(27), 524.3-912, 572.35 subd. 1, Memorandum of Understanding, Settlement Agreement, Uncategorized

UPDATE: US Supreme Court Denies Review of the Minnesota Supreme Court Decision Holding that the Minnesota Resident Trust Statute is Unconstitutional; Minn. Stat. 290.01, Subd. 7b(a)(2)

Posted on July 19, 2018 by

The United States Supreme Court denied review of the Minnesota Supreme Court decision that found Minnesota’s long arm tax statute unconstitutional. The decision came shortly after the United States Supreme Court issued its decision in Rice Kaestner 1992 Family Trust v. … Continue reading →

Posted in 290.01 Subd. 7b(a)(2), Constitution, Due Process, Fiduciary Income Tax, Grantor Trust, Irrevocable Trust, MacDonald, Minnesota Supreme Court, Resident Trust, Trust Income Tax, Uncategorized

Statute of limitations Minn. Stat. § 541.05, Subd. 1, ran on breach of fiduciary duty claim- be mindful of tolling by fiduciaries

Posted on July 2, 2018 by

Hansen v. U.S. Bank, as Special Administrator and Personal Representative of the Estate of Robert J. Hansen, Filed July 2, 2018, A17-1608 (MN.App. 2018). Seller (and his brother) was to sell property to the City in 2009. The City was to … Continue reading →

Posted in 541.05, Subd, 1, Malpractice, Personal Representative, probate, Statute of Limitations, toll, tolled, Uncategorized