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Probate and Estate Litigation Blog

July 2016 Archives

We are able to handle competency questions

As has been discussed in at least one recent post on this blog, many times trust disputes revolve around whether or not a person has the necessary mental capacity to make or continue to administer a trust. Generally speaking, the law of Minnesota will not acknowledge a trust when the person creating it did not have the mental capacity to do so.

How the Minnesota estate tax gets figured

Last week's post on this blog discussed how the Minnesota estate tax differs slightly from the federal estate tax. The post also discussed how the estate tax Minnesota can present issues that lead to probate litigation. With that in mind, it may be helpful for our Saint Paul, Minnesota, readers to understand more about how the estate tax is figured.

What is an estate tax and how does it work?

Just like the federal government, Minnesota has an estate tax that it imposes on certain Minnesota estates. Unlike an inheritance tax, which is imposed directly on an heir or beneficiary, the estate tax is imposed directly on the property of a deceased person an ordinarily will be paid before the property is distributed to the heirs.

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