On November 6, 2023, the Minnesota Court of Appeals issued its opinion in In the Matter of the Trust Agreement of Genevieve M. Rossow. Among other topics, the court’s opinion addressed whether a trust beneficiary’s power to...more
On January 30, 2023, the Minnesota Court of Appeals issued an opinion in In re Eva Marie Hanson Living Trust addressing the ability of an attorney-in-fact to amend a revocable trust on behalf of an incapacitated trust...more
On December 12, 2022, the Minnesota Tax Court released an opinion in Estate of Anderson v. Commissioner of Revenue addressing the constitutionality of Minnesota’s estate tax structure as applied to an estate that consisted...more
1/13/2023
/ Appeals ,
Constitutional Challenges ,
Dormant Commerce Clause ,
Due Process ,
Estate Planning ,
Estate Tax ,
Estate-Tax Exemption ,
Fiduciary ,
Primary Residence ,
Tax Court ,
Tax Planning ,
Tax Refunds
In an opinion released last week, the Minnesota Court of Appeals rejected a petition to modify the terms of a trust to allow for the early distribution of trust assets to the beneficiaries. The court also denied the...more
1/6/2022
/ Appeals ,
Attorney's Fees ,
Beneficiaries ,
Business Assets ,
Estate Planning ,
Fiduciary Duty ,
Modification ,
Revocable Trusts ,
Settlors ,
Transfer of Assets ,
Trustees ,
Trusts
In a recent opinion, the South Dakota Supreme Court held that trust beneficiaries lacked standing to bring claims against a third party on behalf of the trust. In so holding, the court explained that trustees typically are...more