Category Archives: 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: Appeal to the US Supreme Court on Whether the Minnesota Resident Trust Statute is Unconstitutional; Minn. Stat. 290.01, Subd. 7b(a)(2)

Posted on July 19, 2018 by

While the filing process continues for the Fielding case (response brief Due January 21, 2019) the SCOTUS has agreed to hear a North Carolina Case, Rice Kaestner 1992 Family Trust v. North Carolina Department of Revenue, regarding the state’s ability … 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

Significant Malpractice Case for Estate Planning Attorneys

Posted on June 28, 2018 by

Security Bank & Trust Co. v. Larkin, Hoffman, Daly, Lindgren Ltd., __ N.W.2d __ (Minn. 2018); File June 27, 2018, A16-1810. I reported this case when it was in the Court of Appeals. This Court reversed the Court of Appeals. … Continue reading →

Posted in 524.1-201(8), 524.3-703(c), 524.3-803(a), 573.01, Claims, Malpractice, Personal Representative, probate, Some Damage, Standing, Statute of Limitations, trust, Uncategorized

Under Minn. Stat. § 524.3-101 real property devolves at death of testator to devisee even if through a residuary clause and not a specific devise

Posted on June 21, 2018 by

Estate of Howard Arnold Laymon v. Minnesota Premier Properties, LLC, ___ N.W.2d ___, (Minn. 2018) filed June 21, 2018 upholding 903 N.W.2d 6, (Minn.App. 2017)(A17-0162) filed October 9, 2017. The Minnesota Supreme Court upheld the Court of Appeals decision in … Continue reading →

Posted in 524.3-101, Personal Representative, probate, Uncategorized, vesting