ESTATE PLANNING, WILLS, TRUSTS & PROBATE

Have you thought about who will take over your business as you near retirement? Or if something unexpected happens to you or your family, making you unable to handle the operations of your business on a daily basis? Business succession planning can be difficult and complex, which is why some organizations delay in preparing a formal succession plan. At Blethen Berens, we know your business is valuable to your family and community. We want to advocate for the success and longevity of your business.

With experience assisting small- to medium-sized businesses, our attorneys know the questions to ask and decisions that need to be made from a logistical and financial standpoint to create a comprehensive plan. They take into account possible future circumstances and changing variables. Our attorneys can also work in conjunction with your accountant to make the vision of your succession plan a reality and prepare your successor for their journey.

Have you put off farm succession planning? Don’t wait any longer. The agricultural law attorneys at Blethen Berens can help you create a plan that aligns with your vision.

Blethen Berens specializes in innovative ways to pass your farm onto the next generation via trusts/wills, options to purchase, rights of first refusals and leases. We organize family farm entities such as family limited liability companies and family limited partnerships to help preserve the farm for future farming heirs.

Don’t let the courts decide what happens to the business you’ve grown. Blethen Berens can help you solidify your plans for the future.

We know you’ve worked hard for your assets, and preserving those assets for your use when needed is crucial. Elder law encompasses a wide array of legal areas that impact the aging population. Blethen Berens elder law attorneys will advocate for you as it relates to health care, long-term care, guardianship or retirement. They can also assist in preparing powers of attorney, health care directives, and estate planning.

It is important to choose a firm that has attorneys with a wide range of experience in all levels of estate planning. Having plan can bring a sense of security, and you can feel confident in choosing Blethen Berens for guidance in making your plans for the future.

At Blethen Berens, our attorneys have a resolution mindset. Preventing litigation reduces our clients’ stress and directs money to their pockets versus spending it on attorney’s fees. However, when it comes to an estate or trust, we know that there are times when family dynamics may not allow for an amicable resolution. At Blethen Berens, our litigation attorneys have extensive experience zealously advocating for our clients in court.

Blethen Berens is well known for their litigation practice in southern Minnesota. Our litigation and estate planning attorneys have over 100 years of combined experience handling estate and trust litigation and planning. Our two successful teams are familiar with the intricacies of trust and estate laws, and our clients can depend on our teams to work toward the most advantageous outcome. Let Blethen Berens advocate for you to preserve your assets.

Estate planning is your right and empowers you to decide where you want your assets to be transferred upon death. An estate planning attorney can guide you through the process in an effort to meet your goals and ensure your beneficiaries obtain as much as possible and pay the least amount for taxes possible.

Estate planning can provide for much more than monetary assets like land, vehicles, businesses and homes. It can also provide for your wishes regarding appointing guardians for minor children. Appointing guardians can be a difficult and emotional decision. Our attorneys can help by identifying situations to consider as you make that decision.

Estate planning also includes incapacity planning with powers of attorneys and health care directives. Naming individuals to manage your financial affairs (power of attorney) or medical decisions (health care directives) can be difficult, and our experienced attorneys can ask insightful questions to help with those decisions. If you have prepared an estate plan, be sure to review it often as life circumstances change, such as marriage, divorce, death in the family, purchase of land, or birth of a child.

No matter your age, estate planning is important. Less than 50% of all American adults have a will and less than 75% of parents of minor children have a will. We hope that you exercise your privilege to plan utilizing our skillful attorneys at Blethen Berens.

Guardianships and conservatorships are established when the court determines that an individual is incapacitated and the conservator and/or guardian is appointed to act as a decision maker for the incapacitated individual (the “ward” in the guardianship and the “protected person” in the conservatorship).

The guardianship is of the body – the guardian makes personal decisions for the ward, including medical care and where the ward will live. For a guardianship, an individual is incapacitated when the court determines that the individual is impaired to the extent that they cannot communicate or make responsible personal decisions and is unable to meet personal needs for medical care, nutrition, clothing, safety, shelter, etc.

The conservatorship is of the estate – the conservator makes financial decisions for the protected person. For a conservatorship, an individual is incapacitated when an individual is unable to manage their property, and that property will be dissipated or wasted without the appointment of a conservator.

Guardianship and conservatorship are helpful legal avenues for protecting and safeguarding an incapacitated individual and their estate, but they are also complex court processes to navigate and are not to be used simply when family or friends are frustrated with an individual or don’t like the individual’s decision(s). Guardians and conservators have to carefully adhere to annual reporting requirements.

Blethen Berens is privileged to have experienced guardianship and conservatorship attorneys on our team. Our guardianship attorneys have helped hundreds of southern Minnesota families navigate this process, and we welcome the opportunity to guide you.

Health care directives (or what some refer to as “living wills”) are legally enforceable documents that detail an individual’s health care wishes in the event that the individual becomes incapacitated or is otherwise unable to communicate. This document designates the individual(s) who you want to make health care decisions on your behalf and can determine what, if any, end-of-life care you wish to receive. The goal of a health care directive is to eliminate difficult decision making, provide clear documentation of your wishes, and ultimately provide peace of mind and reduce stress for family and friends.

If you do not have a health care directive and a critical health care decision needs to be made, your doctors will look to your closest family members to make decisions for you. This can become complex and stressful if you have multiple children, more than one generation of close family members (e.g. adult children and adult grandchildren), or if your closest family members are unaware of your wishes or unwilling to honor them. Even the closest of families face conflict when deciding on health care matters for a loved one. A decision to pursue or forego end-of-life care is far more difficult to make in the moment of a medical emergency as opposed to in advance. Many people have strong opinions on their health care wishes, but it is critical that these wishes are well-documented to eliminate any confusion or uncertainty.

Powers of attorney are legal documents authorizing someone else to care for your property or money matters for you. The person giving the power is called the “principal” and the person taking care of things for the principal is called the “attorney-in-fact.” Generally, a power of attorney is an incapacity planning tool to be used when the principal is incapacitated or otherwise unable to make his/her own financial decisions. A power of attorney can be limited in time or scope with appropriate documentation, and a competent person can revoke a power of attorney in writing at any time. It is important to understand that the power of attorney is effective immediately when the principal signs it—it does not have a requirement that you are incapacitated before the attorney-in-fact can act. You are still free to act for yourself, but the attorney-in-fact can also act for you. Unfortunately, power of attorneys can be misused, so it is very important to name someone you have a great deal of trust in. If you’re considering drafting a power of attorney document, don’t do it alone. Contact Blethen Berens for a consultation.

Probate is a process in which a deceased person’s will is validated, their estate is valued, beneficiaries are determined and an executor of the estate is declared until the estate is legally transferred to the determined beneficiaries. Probate can be a scary and stressful time for families. At Blethen Berens, our probate attorneys are compassionate. During a difficult time for your family, you can depend on our attorneys to help you navigate the probate process so that you can focus on your family.

A trust is an arrangement in which one party is able to give another party, the trustee, the right to hold title to a property or assets for the benefit of a third party, also known as the beneficiary. There are many types of trusts: revocable trusts, irrevocable trusts, charitable remainder trusts, testamentary trusts, supplemental needs trusts and even cabin trusts for your family’s vacation home. The attorneys at Blethen Berens help their clients understand the available trusts and determine whether a trust is right for them, and if so, what kind.

A will is a formal document outlining how you wish to have your money, property, and personal belongings allocated and distributed after your death, including who you want as your personal representative. In the absence of a will, Minnesota’s intestate succession laws will govern how your assets will be divided. These succession laws have a predetermined hierarchy for distribution of your assets – spouses and children come first, followed by grandchildren, parents, brothers/sisters, or other distant relatives if there are no closer relatives. Minnesota’s intestate succession laws do not permit for the distribution of property to friends or charities. Therefore, if you wish to leave property or other assets to a friend or charitable organization, you must have a will that specifically outlines this desire. If you have minor children or grandchildren in your care and custody, wills can also provide an opportunity to dictate who will care for your children in the event of your death.

Consequences for dying intestate (without a will) often come in the form of increased time, money, and stress for your family and friends. The court is likely to be more involved in the distribution of your estate if you die intestate, and this can in turn increase attorney and court fees. The first thing the court will do is name a personal representative who will oversee the distribution of your assets. Due to the immense responsibility that falls on a personal representative, you likely want to designate someone you trust. You, and not the court, are in the best position to make decisions related to personal representatives, asset allocation, and care/custody of your children. Therefore, it is important to document your intent and wishes in a legally enforceable manner. Contact Blethen Berens to help you create a will that puts your vision for the future into action.