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Practice Areas

Areas of Practice include but are not limited to:

   
       
   

Estate Planning (Wills & Trusts)

   
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Everyone with probate assets more than $50,000 should consider an estate plan, or at the least, a Power of Attorney and Health Care Directive, at any age above eighteen. Why? An estate plan appoints persons (trustees or personal representatives) to adhere to your instructions and transfer by bequest your assets to beneficiaries that you alone designate. If you do not have an estate plan, (Will or Trust), your estate will probably be subject to an intestate probate and thus subject to the statutes of Minnesota, for Minnesota residents.

Will Package:

A will is a document by which a person dictates what will happen to his property after his death. It also may be revoked. A will may include legal appointments of guardians for minor children. It may include a contingent trust section that creates a trust after death, not before. All or some assets could be conveyed to appointed trustees. A will is the document that a personal representative would file a petition to probate.

The Standard Will Package includes:

  • One Will for each single person or two Wills, one for each spouse or significant other.

  • the Power of Attorney form, one for each person. A durable Power of Attorney grants to the attorney-in-fact significant fiduciary powers that continue if a person becomes “incapacitated or incompetent”. That is very important if the attorney-in-fact is required to make any legal transaction for the grantor.

  • One customized Health Care Directive for each person. The directive is the new merger of the Living Will and Health Care Power of Attorney. We will send a copy of the completed Health Care Directives to your Physician or Clinic and hospital at no extra charge.

The ProcessYour estate plan usually requires an hour-long consultation on how you want to tailor your estate plan. We will then draft initial documents for your review and editing. Many clients request another in-person review before final execution. When all documents have been final proofed, an execution is completed. That often takes about 30 to 45 minutes.

An Agreement between the attorney and client for services to prepare a will is required. You can download a copy here.

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Trusts vs. Wills:

A will is the document that is probated. Probate requires several steps to completion, possibly many forms and potential court hearings. Trusts require more work on the front-end and management during the lives of the Settlors.

 

The Interview:

The Estate Plan interview may be completed in the homes of clients, especially those with young children at no extra charge. Clients may choose to meet in the law office, at their homes or in another convenient location.

   


Trust Package:

A trust is an agreement between the Settlor or Settlors (e.g., husband and wife) and the Trustee or Trustees, (e.g., husband and wife). One common Trust Agreement is a Revocable Trust. As the name suggests, the agreement may be revoked by the settlor at any time.

A trust probably will avoid a probate of the estate after death. A trust usually will be private, i.e., not in any public record. A trust may be a simple device to distribute your assets quickly after death.

The package includes (as applicable):

  • A pour-over Will one for each person

  • A Trust for each person or a single Maritalized Family Trust

  • Power of Attorney Form

  • Health Care Declaration one for each person

  • Certificate of Trust

  • The legal transfer or conveyance of assets to your Trust

The ProcessYour estate plan usually requires an hour-long consultation on how you want to tailor your estate plan. We will then draft initial documents for your review and editing. Many clients request another in-person review before final execution. When all documents have been final proofed, an execution is completed. That often takes about 30 to 45 minutes.

A "Singles" Agreement between the attorney and client for services to prepare a trust is required. You can download a "singles" copy here.

A "Couples" Agreement between the attorney and clients for services to prepare a trust is required. You can download a "couples" copy here.

   
       
   

Corporations & Limited Liability Companies

   
   

These are legal entities created under the laws of a particular state such as state of the Minnesota.

Many small companies choose to create a subchapter “S” corporation to shield personal assets from the assets and potential liability of the corporation.

A LLC (limited liability company) offers many of the protections of the corporation without the complications of the corporation. For example, stock certificates are not issued. Thus Stockholder and Board meetings need not be held.

LLC Fees: Client may choose between an hourly fee of $195.00 per hour, or a flat fee as Follows:

Articles of Organization $100.00
Member Control Agreement $100.00
Operating Agreement $100.00

Plus: $100.00 for any other major document, $25.00 for minor document, e.g., letters and one to two-page documents. Hourly Rate for any Court Hearing.

Client will reimburse Attorney for State fees, Publication of Name, etc.

S-Corp Fees: Client may choose between an hourly fee of $195.00 per hour, or a flat fee as Follows:

S Corporation Flat Fees: $475.00
Articles of Incorporation.
Bylaws of the Corporation.
Action in Writing by the Incorporators.
Minutes of the First Meetings – Shareholders, Directors. Waivers of Notices of First Meetings – Shareholders, Directors.
Corporate Action by Consent
Offer to Purchase Stock
Corporate Book with Stock Certificates

Plus: $100.00 for any other major document (Share Purchase Agreement, Corporate Control Agreement), $50.00 for minor document, e.g., letters, Resolutions and one to two-page documents. Hourly Rate for any Court Hearing.

A Representation Agreement between the attorney and client is required You can download an appropriate copy per following:

for forming a corporation download a copy here.

For forming a LLC download a copy here.

 

   
       
   

Other Services

   
   

Real Estate FSBO:

Real Estate For Sale by Owner (FSBO) - Charged Hourly

Business Plans:

Writing or assisting in writing Business Plans - Charged Hourly

   
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