Jennifer R. Lewis Kannegieter

About My Services

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Minnesota Estate Planning Attorney Answers: Who Needs a Will?

While not everyone needs a will, most people could benefit from a will. You could use a will if:

  • You would not want your property divided according to your state’s intestacy laws
  • You would want to leave something to a person not recognized by your state’s intestacy laws (a non-marital partner, a stepchild, a best friend)
  • You or your spouse have children from another relationship
  • You have minor children and would like to designate a guardian to care for them
  • You have a beneficiary with special needs
  • You have specific wishes regarding how your assets are distributed
  • You would like to leave something to a charity.
  • You would like to establish some sort of trust upon your death
  • You have a substantial estate and could benefit from tax planning

If you need a will, Monticello based Minnesota Estate Planning Attorney Jennifer R. Lewis Kannegieter provides a variety of estate planning services for clients throughout the Twin Cities and Central Minnesota.  Contact Jennifer today.

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How a Minnesota Divorce Starts: The Process and the Approach

A divorce officially starts with the service of the Summons and Petition. The Summons is a very short document (2-3 pages) which notifies the other party (the Respondent) that a divorce lawsuit has been started. The Summons identifies any real estate owned by the party, provides notice of parent education requirements, encourages alternative dispute resolution, and provides temporary restraining provisions. Once the divorce has been started, neither party is to harass the other, change insurance coverage or beneficiaries, or dispose of marital assets. The petition lays out the facts of the case according to the first party (the Petitioner). These facts include information as to the parties', their children, and their assets, debts, and incomes, as well as certain facts that are required by the court (i.e what county the parties live in, whether anyone is a member of the military, if an Order for Protection exists). The Petition also includes a “Prayer for Relief” - what the Petitioner is requesting from the court (i.e. the dissolution of marriage, provisions related to child custody and support, division of assets and debt).

The Summons and Petition must be personally served on the Respondent for the divorce process to officially start. This can happen by someone over the age of 18 (but not the Petitioner) personally handing the documents to the Respondent and then signing an Affidavit of Service in front of a notary. Personal service can also happen with the Respondent signing an Admission of Service in front of a notary. Once the divorce has officially started, the Respondent will have 30 days to prepare a formal Answer and Counterpetition (although in many cases this timeline is extended to allow the parties time to negotiate a settlement).

Now every attorney has a different approach to starting the divorce process. At least ever month I speak to someone who has just been served divorce papers, and the situation is typically this:

Some random third party has shown up at their home or work place to hand them a blank envelope containing only the Summons and Petition. They read the documents, not really knowing what they are or what they are supposed to do. They get to the Prayer for Relief at the end of the Petition and freak out – the Petitioner is asking for anything and everything and just seems to be crazy (The Petitioner earns more than the Respondent but is asking for spousal maintenance; The parties have been separated for several months during which time the Petitioner has hardly expressed an interest in the children but is now asking for sole legal, sole physical custody and child support; The Petitioner is asking for all of the property and requesting that the Respondent take all of the debt).

The Respondent is now scared and angry, does not trust the Petitioner or the Petitioner's attorney, and is ready to fight.

This is a very bad way to start a divorce – there is no trust or desire to work towards a resolution. Now maybe there are some cases which require a tougher approach, but in most cases, I find that a softer approach will result in a quicker (and cheaper) resolution with less conflict for the family. I tend to work with my client to ask for reasonable relief in the Prayer for Relief (what my client really wants and what we reasonably believe will be the final result). I always serve papers with a cover letter explaining what the papers are. In many cases, I have worked with my client to prepare a proposed Marital Termination Agreement to be included with the initial papers. If my client and I believe the Respondent is likely to sign an Admission of Service, and there is no reason the divorce needs to be started immediately, I will mail the documents, along with an Admission of Service to the Respondent, and the cover letter will explain that I need the Respondent to complete the Admission of Service and return it to me within a certain time frame, otherwise I will need to have the documents personally served upon Respondent. In most cases, the Respondent will return the Admission of Service.

The Respondent may consult with or hire an attorney, but instead of focusing on how to fight the Petitioner, guessing what the Petitioner may be asking for, and discussing all the possible issues, the Respondent and the attorney can review the proposed agreement and discuss settlement options. Right away we can determine what the parties agree to and what areas we need to work on, tailoring the case for the situation. How you start your divorce can have a big impact on how long your divorce process will be and how much time and money you spend fighting.

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Summer 2009 Newsletter: Live for Today, Plan for Tomorrow

 My first ever newsletter came out yesterday.  Because I feel the main article contains an important message, I am including it here on the blog.  But don’t miss out on the next newsletter – subscribe today!

How will you Live for Today, Plan for Tomorrow?

“Live as if you were to die tomorrow. Learn as if you were to live forever.” – Mahatma Gandhi
 
In today’s fast-paced society we spend so much time running to and from work, school, soccer practice, music lessons, etc.  We never take a break to catch our breath.  We beat ourselves up over all those things we ‘need’ to do – clean the house, mow the yard, get the groceries… and we yearn for those things we ‘hope’ to do – read a book, take a vacation, start a new hobby…  We rarely find the time for those ‘hope to-do’s;’ we constantly put them off, telling ourselves “I’ll do that when the work is done and the time is right.”
 
And then something happens to make us realize how fragile life is; how unhappy we are running like mad, working non-stop, and never getting to those things we hope to do.  All too often it takes a tragedy, or near-tragedy for this realization to come.For me, this realization came when my grandfather got sick the end of May.  For months I had been telling myself that I would visit my grandparents someday when life calmed down, work was slow, and the money was there.  And then I realized that I ran the risk of someday becoming never, and I knew that I would never forgive myself for that.  So I bought the plane ticket, put the vacation on my calendar, and went to visit my grandparents.  My ‘need’ to-do list could wait, but I was not going to miss this opportunity.
And on my trip I (once again) vowed I would learn to live for today.  I would learn to prioritize, I would take the time to enjoy my life – appreciate the sunshine, spend time with my family, take my dogs for a walk.

Don’t wait for something drastic to change your life.  I want you to Live for Today.  Take a deep breath, smell those roses.  Stop beating yourself up over all those lingering ‘need to-do’s.’  The world won’t end if the housework goes another day (or more), and even if the world does end, would you even care?  Make time for those things that really matter to you – catch up with a friend over a cup of coffee, plan a family picnic, go visit a loved one.  Start getting around to some of those ‘hope to-do’s.’

But while I think it is important to Live for Today, I need to stress just how important it is to Plan for Tomorrow.  We all know that the two inevitable things in life are death and taxes.  There’s no avoiding them.  As difficult as it may be to think about, talk about, and plan for your own death (or the death of a loved one) – it really is necessary.

If you take the time now to plan, your family will know your wishes when the time comes.  Your wishes will be followed.  You will be able to name a guardian for your children, establish a trust and determine who will control the money and when your children will have access to the money.  You will be able to select the person responsible for handling your affairs.  Your estate can save time and money in the probate process.

If you fail to plan, your family will be left to pick up the mess.  Your wishes may not be followed.  Your family could engage in an emotional battle trying to figure out what you may have wanted.  The courts will be involved, making decisions for you.  You will have no say in a potential guardian for your children, how your assets are distributed, who will handle your affairs.  Your estate may end up in a long and expensive supervised probate process.

Plan now, save money later, and provide your family with reassurance and certainty.  Fail to plan now, spend more money later, and leave your family feeling overwhelmed and facing uncertainty.  Ultimately, it is your choice.  But to me the choice is simple.

How to Plan for Tomorrow

  • Talk to your family and friends.  Discussing wishes now may prevent disputes in the future.
  • Think about your wishes in regards to medical care and get a Health Care Directive.
  • Consider purchasing life insurance to provide for your family if you are no longer able to.
  • Review the beneficiary designations on bank accounts, investment accounts, and retirement accounts.
  • If you have a will, review it and consider updating it.  If you don’t have a will – now is the time!

Because the following could be considered advertising, and I don’t want to mess with the lawyer’s board, please accept the following disclaimer:  *Advertising Material*        

A ‘Live for Today, Plan for Tomorrow’ Special Offer
Because I want EVERYONE to Live for Today, Plan for Tomorrow, I have decided to offer a special discount on my Basic Estate Plan package.  My Basic Estate Plan package includes a will, health care directive, and power of attorney, as well as a copy of my very own Put Your Estate Plan Into Action: An Estate Organizer – everything you need to make things easier on your loved ones when the time comes.  This package is specifically designed for those with simple assets and distributions (i.e. no expected contests, no estate tax liability, no out of state property).  The Basic Estate Plan package normally costs $575 for a married couple with children, $525 for a married couple without children, $375 for a single person with children, and $325 for a single person without children.

The Live for Today, Plan for Tomorrow Special:
The longer you wait, the less you save…

Save $100 on a Basic Estate Plan in the month of July
($475 for a married couple with children, $425 for a married couple without children, $275 for a singe person with children, $225 for a single person without children).

Save $60 on a Basic Estate Plan in the month of August
($515 for a married couple with children, $465 for a married couple without children, $315 for a singe person with children, $265 for a single person without children).

Save $25 on a Basic Estate Plan in the month of September.
($550 for a married couple with children, $500 for a married couple without children, $350 for a singe person with children, $300 for a single person without children).

These special prices will be available to anyone who mentions the Live for Today, Plan for Tomorrow special offer when calling or e-mailing to request information – so spread the news!

These prices will also be used for any Will Parties scheduled for July, August, or September.  Can you think of a better way to spend an evening with friends, save some money, AND get your estate planning taken care of?  Availability for Will Parties will be limited – so schedule yours today!

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Estate Planning for Young Adults – the Documents that Every One Must Have

There are two big misconceptions when it comes to estate planning: (1) Only the rich need to worry about estate planning; and (2) Only people with kids need to worry about estate planning.  When it comes to estate planning, young adults with minimal assets and no children are all too often overlooked.  Unfortunately, failure to get the essential documents done can wreak havoc for any individual and his/her family in case of incapacity or death.  A 19-year old college student may still be treated as a child within the family, but legally speaking he is an adult.  If the student ends up in a coma, Mom and Dad will have a difficult time getting medical information and being able to make treatment decisions.  Mom and Dad may need to spend time and money on a pricey legal proceeding to gain guardianship over their incapacitated child.  A 25-year old working adult can face financial ruin if she is in an accident and no one is able to step in and handle her financial matters.  An expensive conservatorship proceeding may be required.

At the very least, every adult should take care of the following:

  • Health Care Directive – This document is necessary when you are not able to make medical decisions for yourself.  You can appoint someone else to make decisions for you and/or leave instructions on what medical treatment you would (or would not) want.  Having a health care directive can avoid the need for a guardianship proceeding.
  • Power of Attorney – This document can appoint an individual to handle financial decisions during your incapacity.  Accounts can be accessed and bills can be paid, and the time and expense of a conservatorship proceeding can be avoided.
  • Beneficiary Designations – For young adults, a Will may not be necessary (if there are no children, limited assets, and a desire for probate assets to pass through the laws of intestacy).  But everyone should utilize beneficiary designations for bank accounts, retirement accounts, and other investments.

I strongly believe that every adult should take care of these basics.  I offer a “Just the Essentials” package for individuals looking to put together a Health Care Directive, Power of Attorney, and update their beneficiary designations.  I also include a Health Care Directive and Power of Attorney for the dependent adult children of my clients in all other estate planning packages.  To make sure you, or your adult children, are covered, contact me for more information.

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Uncontested Flat Fee Divorces

If you and your spouse are in agreement as to the terms of your divorce and wish to have a friendly, easy, and uncontested divorce, consider hiring an attorney for a flat fee divorce.

I routinely offer uncontested flat fee divorces at a rate of $1,000 for couples without children and $1,200 for couples with children.  The fee includes the necessary court filing fee of $330-332 (depending on your county).  This fee includes all of the legal advice, document preparation, and representation necessary for your divorce (with the exception of Qualified Domestic Relations Orders), as long as your divorce continues to be uncontested.

The process of a flat fee divorce is fairly simple.  One spouse hires me as his/her attorney (remember, one attorney can not represent both parties).  My client completes my questionnaire providing me with the necessary facts of the case and the parties’ general agreement.  I will provide advice and guidance on how to best accomplish the parties’ goals.  I will then draft the necessary documents, and arrange to get signatures.  Sometimes my client and I meet with the other party to review and sign the documents, sometimes the other party will review the documents with another attorney.  Once we have signatures, all documents are sent to the court at the same time.   If a final court hearing is required (as the courts typically require for divorces with children), I will be there to handle the hearing and provide representation.  Once the divorce is final, I will provide guidance on the “wrap-up” work involved, such as handling name changes and transferring title to property.  If things become contested in your divorce, my retainer agreement allows for us to switch over to an hourly arrangement, but acknowledges that you have pre-paid for certain documents.

Contact me today to discuss your uncontested flat fee divorce.

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Will Parties

Perhaps you have heard something about “Will Parties.”  This new trend is a take on the Tupperware Party and another way that our society is learning to take care of business in between work, soccer practice, and bed time.  With a Will Party, you and your friends can get together (with or without the kids), and bring an attorney to you to take care of your estate plan.  Most attorneys who offer Will Parties also offers a discount for those hosting and attending the party.  A Will Party is the perfect opportunity for you and your friends to have fun and save money while completing your estate plan.

My typical process for a Will Party is:

  1. A Host plans the party, reserves a date, and sends out invitations.

  2. Everyone fills out a Questionnaire and Retainer Agreement and returns them to me at least two weeks before the party.

  3. I will have a phone consultation (or in person if preferred) with each client to discuss their situation and confirm that my Basic Estate Plan is right for them.  I will then provide each client with a draft to review before the party.

  4. At the party I will provide general information to the group and then meet individually with each client to review the documents.  Attendees will then take turns acting as each other’s witnesses for the signing.

All attendees receive a discount based on the number of estate plans (single or couple) at the party: $50 discount for 3-5 plans, $75 for 6-8 plans, and $100 for 9 or more plans.  The Host receives an extra $50 discount. 

Contact me today to schedule your own Will Party!