A penny saved is a penny earned. This adage takes on new significance when a pandemic ravages the economy. One source of savings that business owners should consider is the possibility of reducing their property taxes. ...more
When an economic downturn strikes, businesses are forced to make tough decisions to survive. One opportunity to reduce fixed expenses that should not be overlooked is appealing a business’s property tax liability. In...more
Property tax assessors often operate under the belief that a property’s sale price represents the best indication of that property’s market value, and thus should form the basis of its next assessment. Generally speaking,...more
When there is a potential legal claim involving a trust, the trustee must act. A trustee has the duty to evaluate affirmative claims of the trust and to pursue those claims when enforcement would benefit the trust. A trustee...more
The duty of record keeping and identification of trust property requires that a trustee maintain the material information necessary to protect the beneficiaries’ interests. Not only is maintaining the records its own duty,...more
The duty of control, protection and delivery seems straightforward enough. It requires a trustee to “take reasonable steps” to collect the trust property, safely hold it and distribute it as required by the trust instrument....more
Prudent administration of a trust requires the trustee to exercise reasonable care. Most significantly, the trustee must follow the Prudent Investor Act. It generally requires the trustee to evaluate the merits of any...more
When a trust has multiple beneficiaries, the trustee must treat all of them fairly. This is easier when all the beneficiaries are in the same class. It becomes more difficult when dealing with income and remainder...more
The most important duty a trustee has is that of loyalty. The courts are particularly sensitive to this duty, and for good reason—the trust was created for the benefit of the beneficiaries. The duty of loyalty requires that a...more
The most basic of a trustee’s duties is to administer the trust. Everything else builds from there. The trustee must administer the trust in good faith and in accordance with its terms and purposes and the interests of the...more
We live in a complex world and often miss doing simple things that have enormous impact. In A Checklist Manifesto, Dr. Atul Gawande explored how we can remember to do small tasks to avoid huge mistakes—use a checklist....more
On July 18, 2018, the Minnesota Supreme Court issued its decision in Fielding v. Commissioner, declaring that it was unconstitutional for the state to consider four trusts to be Minnesota “resident trusts” — and tax them...more