Saint Paul, MN Probate and Estate Litigation Blog

For some Minnesotans, the question of where to open an estate may be a bit complicated if the estate owners pass away with assets located in more than one state. For example, some residents in the Twin Cities area may split their time each year between two homes, one in Minnesota and one somewhere else. So where should the legal distribution of assets take place if it isn't clear exactly where the estate owners held permanent residency?

Careful estate planning prior to one's death will help ensure that there isn't too much ambiguity in this regard. However, when estate planning is put off, those who eventually handle the estate may be left with some questions.

Minnesotans are known for being very polite and generous people, and not too quick to offend. These admirable traits are just a few things that make living in Minnesota special. However, that these good qualities are the norm may sometimes result in Twin Cities residents' not being particularly comfortable in discussing a loved one's end-of-life wishes. Indeed, many families throughout the country put off important decisions regarding wills, trusts, guardianships, conservatorships and other estate planning matters, and too often the end result is problems with probate.

But one way to help alleviate the possible discomfort of discussing estate administration with family members is to look at the relevant topics through the lens of a celebrity's particular estate plan. For example, the husky-voiced R&B singer Etta James recently passed away at age 72. Before her passing, she endured a number of health problems, including leukemia and dementia. Because of disputes over fiduciary duties, the final year of her life also saw a lot of controversy.

A senator from Minnesota has proposed legislation that is meant to protect seniors, the disabled and other vulnerable people from neglect and abuse by their guardians. To address these issues, United States Senator Amy Klobuchar held a discussion recently in an assisted-living facility in Duluth. She thinks new legislation is necessary based on recent governmental reports, her experiences as a Hennepin County attorney, and the troubles of a Saint Paul woman whose mother was taken advantage of by her guardians.

At the round-table discussion, the Saint Paul woman related how her 82-year-old mother's guardians took her out of a Twin Cities assisted-living facility and moved her to her rural Minnesota farm. The daughter said that her mother suffered from diabetes and dementia, but her guardians hired caregivers who were not licensed. Taking from the elderly woman's accounts, the guardians misused funds by writing $60,000 worth of checks to themselves or to "cash." They also limited family visits and waited until after the woman's cremation to inform some family members that she had even died.

Readers in the Twin Cities will be interested to hear of a recent court decision that involved the estate of the late civil rights activist Rosa Parks. The case has been unfolding in Michigan, where the state supreme court just overturned a previous ruling given by a probate judge and the Michigan Court of Appeals. Reportedly, the probate dispute has been focused on a $10 million memorabilia collection and the intellectual property rights of the late civil rights icon.

After her death in 2005, two attorneys were put in charge of Parks' estate. In previous probate hearings, those attorneys alleged that the attorney for Elaine Steele -- cofounder of the Rosa and Raymond Parks Institute for Self-Development and longtime friend of Parks -- breached a confidentiality agreement. That agreement had been reached in a previous probate decision that involved Steele, the institute, and number of Parks' nieces and nephews.