Electronic Will Act
Effective August 1, 2023, the Uniform Electronic Wills Act (Act) has been adopted by State of Minnesota. This Act has significant ramifications for Minnesotans seeking to adopt an estate plan. Prior to the adoption, Minnesota required a physical signature for a Will to be valid. Although for the past decade or so, many legal and financial documents were considered valid when signed or notarized electronically, the execution of a Will was the exception, until now. The new law authorizes the creation, witnessing and notarization of wills electronically. The Act defines an Electronic Will as “a will or codicil that (i)... Read More
Don’t Forget Your Will and Fall Cleaning To-Do List
Fall is traditionally a time for taking stock, reorganizing, and preparing. Don’t forget to add creating or updating your Will to your fall to-do list. Your Will is an essential document directing the transfer of your property when you die. A Will is necessary if you wish to make specific gifts to friends, loved ones, or charities. A Will allows you the opportunity to dispose of your assets after you die to people or organizations that normally would not inherit any portion of your estate. You can also identify specific assets that are unique to your estate such as family... Read More
Will Contest Case Succeeds at Appeal
Attorney Scott Kelly, representing the defendant, prevailed at the Court of Appeals in a will contest matter. In this appeal from a district court order in probate proceedings, the plaintiff challenged the district court’s adoption of the county taxing authority’s estimated market value as the fair market value of certain real property. The Court of Appeals agreed with the district court that the district court’s finding of fair market value had meaningful and adequate evidentiary support and was not clearly erroneous. This was the second appeal arising from a dispute over the administration of the estate and Scott worked closely... Read More