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Jennifer R. Lewis Kannegieter

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Estate Administration & Probate

June 15 By jrlk

Selecting the Right Person Makes a Difference: Personal Representatives, Executors, and other Agents

One of the most important things in preparing your estate plan is naming the appropriate person to act as your Personal Representative (or Executor).  Some people feel there is a “right” person to name, by virtue of relationship, birth order, or proximity – these reasons can lead to disastrous results if the wrong person is selected.

A complete estate plan can require several different appointments – personal representative (executor), attorney-in-fact, trustee, health care agent.  These positions are very important and can be complex.  A Personal Representative (or Executor) is appointed in a will to handle the closing the estate.  Tasks include collecting and inventorying property of the estate, maintaining an estate checkbook to pay final bills, filing probate forms and handling the probate process, preparing final tax returns, and distributing the property in accordance to the will.  An attorney-in-fact is an agent named in a Power of Attorney (POA), this person can act on your behalf as provided in the POA, handling financial or other matters while you are still alive.  A trustee is the person in charge of handling the financial matters of a trust – paying valid bills, making distributions, investing where appropriate, completing required forms.  A health care agent is the person named in a Health Care Directive (also known as a medical power of attorney or living will).  The health care agent has the power to make all medical decisions for you should you not be able to speak for yourself.  These positions are more than honorary titles, they require hard-work and the ability to handle the tasks involved.

For your estate plan to work smoothly, you must appoint people who are right for the job.  Look for someone with the following characteristics:

  • Willing to accept the position -do not surprise someone with the appointment, he/she does not have to accept the job, so your estate will run smoother if you select a person willing to take on the task.
  • Responsible & Trustworthy – the person you name should be someone you would trust your life and your money to (because that’s what you are doing).  To prevent family harmony, and avoid future disputes, this person should also be trusted by other family members.
  • Organized – A Personal Representative or Trustee is in charge of a lot of paperwork and financial tracking.  The job will be much easier if he/she is a naturally organized person who keeps meticulous records for his/her own finances.
  • Focused – some of these positions could last for years.  Some tasks will require hardwork and a lot of follow up.  Make sure you name someone who will remain focused and get the job done.
  • Capable of handling the task – Some people just would not be up for the job, sometimes the emotions of the situation may prevent a person from getting the job done.  If your daughter is an emotional person anyways, she just may not feel up to the task of handling her parents’ estate.
  • Able to make a decision  – To some people, making a decision is difficult, if not impossible.  These people may be paralyzed by the burden of making certain decisions.  Do not name your son as your Health Care Agent if he will be unable to make the decisions you would want (such as when to remove life support) when that time comes.
  • Willing to seek and accept help – sometimes the position of Personal Representative or Trustee can be overwhelming.  You do not want to burden your loved ones.  Your nominated person should be willing to seek professional help from a lawyer or financial adviser, or accept offers of help from family, should the task get complicated.

Filed Under: Estate Administration & Probate, Estate Planning, FAQs, Personal Representatives & Executors, Wills

February 18 By jrlk

Just for fun…

I don’t normally read those forwarded e-mails we all receive, and I never pass them on… But this one has made the rounds on a couple of my attorney list serves and made me laugh.  There’s only so much we can do to get our estates in order, somethings we just have to hope will be taken care of with a bit of common sense and humor.

Cancel Your Credit Card Before You Die……(hilarious!)

Now some people are really stupid!!  Be sure and cancel your credit cards before you die.  This is so priceless, and so, so easy to see happening, customer service being what it is today.

A lady died in January and Citibank billed her for February and March for their annual service charges on her credit card, and added late fees and interest on the monthly charge.  The balance had been $0.00 when she died, but now somewhere around $60.00.  A family member placed a call to Citibank.

Here is the exchange

Family Member:  ‘I am calling to tell you she died back in January.’

Citibank: ‘The account was never closed and the late fees and charges still apply.’

Family Member:  ‘Maybe you turn it over to collections.’

Citibank: ‘Since it is two months past due, it already has been.’

Family Member: So, what will they do when they find out she is dead?’

Citibank: ‘Either report her account to frauds division or report her to the credit bureau, maybe both!’

Family Member: ‘Do you think God will be mad at her?’

Citibank: ‘Excuse me?’

Family Member: ‘Did you just get what I was telling you – the part about her being dead?’

Citibank: ‘Sir, you’ll have to speak to my supervisor.’

Supervisor gets on the phone

Family Member: ‘I’m calling to tell you, she died back in January with a $0 balance.’

Citibank: ‘The account was never closed and late fees and charges still apply…’

Family Member: ‘You mean you want to collect from her estate?’

Citibank: (stammer) ‘Are you her lawyer?’

Family Member: ‘No, I’m her great nephew.’ (Lawyer info was given)

Citibank: ‘Could you fax us a certificate of death?’

Family Member: ‘Sure.’ (fax number given) 

After they get the fax :

Citibank: ‘Our system just isn’t set up for death. I don’t know what more I can do to help.’

Family Member: ‘Well, if you figure it out, great!  If not, you could just keep billing her.  She won’t care.’

Citibank:  ‘Well, the late fees and charges will still apply.’  (what is wrong with these people?!?)

Family Member: ‘Would you like her new billing address?’

Citibank:  ‘That might help…’

Family Member: ‘Odessa Memorial Cemetery, Highway 129, Plot Number 69.’

Citibank:  ‘Sir, that’s a cemetery!’

Family Member:  ‘And what do you do with dead people on your planet???’      

  (Priceless!!)  

Filed Under: Estate Administration & Probate

November 16 By jrlk

Great Publications from the Office of the Minnesota Attorney General

If you haven’t already, check out the various brochures published by the Minnesota Attorney General, available on their website in PDF format.  Many of these brochures address some sort of scam (i.e. employment scams). There are brochures on credit and debt issues, buying, selling, and leasing cars, and landlord/tenant or homeowner issues. There are also brochures on health care and legal issues. Of particular interest is the Probate and Planning Guide, which provides a lot of good information on wills, probate, health care directives, powers of attorney, living trusts, and guardianships.

Filed Under: Estate Administration & Probate, Estate Planning, FAQs, Resources Tagged With: Estate Planning, FAQ, Probate, Resources

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Jennifer R. Lewis Kannegieter
Lewis Kannegieter Law, Ltd.
4300 School Boulevard
PO Box 718
Monticello, MN 55362
Phone: (763) 244-2949
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One Family, Two Worlds: A Story About Total Estate Planning

The Total Estate Planning Organizer: Your Estate Plan In Action

Why Every Adult Must Have a Health Care Directive

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