Groshek Law Blog

Have you been accused of a nursing license violation?

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Going to nursing school is a major commitment. You've spent years of your life and thousands of dollars to complete your education, and expensive continuing education classes help you provide patients with the best possible care. Your nursing license and your career are worth a lot.

Unfortunately, a disgruntled patient, a mistake made by someone else or a minor oversight can put your license in jeopardy. If you end up subject to a disciplinary action - either in-house or before the Minnesota Board of Nursing - you potentially have a lot to lose.

Estate planning is important for small businesses

For many individuals in Minnesota, the benefits of estate planning on personal assets are clear. However, proper planning can be equally important to protect the ongoing longevity of a business. When a business owner passes away, it can be far too easy for a company to fail. This is especially true when the business is a small, closely-held operation.

Business-centered estate planning can help to set a framework in place that will allay such fears. One major focus of a business estate plan is arranging a proper transition of management and authority after a principal's death. This can include preparing and planning for the next management team before it is time for them to take their roles. By making these preparations, a conscientious owner can be assured that their business will be well cared for.

How to estate plan after recent tax changes

The new Tax Cuts and Jobs Act raised the federal estate tax exemption to $11 million for individuals throughout Minnesota and the rest of the U.S. Married couples can combine their individual exemptions to protect up to $22 million in assets. Therefore, estate planning may no longer be about tax efficiency for some people. However, it is still a good idea for individuals to engage in estate planning to help create and preserve their legacies into the future.

Those who have an estate plan should make sure that it still meets their needs. For instance, estate holders could review beneficiary designations or the terms of any trusts. As a general rule, it's important to have an estate planning attorney work with a financial adviser before making final decisions. This often makes it easier for an investor to work their financial goals into the broader context of their overall estate plan.

Blended families and estate planning disputes

Some families in Minnesota might become embroiled in disputes over an estate plan if there are stepparents and stepchildren involved. According to one study, only about 20 percent of adult stepchildren say they are close to their stepmothers. Women also have longer life expectancies than men do, so it might be more likely for the dispute to involve stepmothers than stepfathers.

These disputes might arise for a number of reasons. A short marriage, particularly one in which last-minute changes are made to estate planning documents, may be one trigger for a dispute. If the parent who dies had dementia, children may argue that the stepparent exerted undue influence over the changes in the estate plan.

Are you making any of these common estate planning mistakes?

When it comes to estate planning, the last thing you want to do is make a mistake. If this happens, it could have a negative impact on your family in the future.

Fortunately, even if you have made an estate planning mistake in the past, it doesn't necessarily mean you can't make things better in the future. It may take some time and money to make everything right, but it's something you'll want to do.

Police can force you to unlock your cellphone with a fingerprint

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Do you use fingerprint technology to unlock your smartphone? It's pretty cool. You don't have to remember a password, and you are the only one who can unlock it. It probably makes you pretty secure about your privacy. Unfortunately, it's not completely secure.

Minnesota court sides with the police

How to choose a trustee

In most cases, Minnesota residents will use the family members who live closest to them as trustees. This person is typically an adult child or other family members who a person has a positive relationship. However, there are scenarios in which a person doesn't have family members who are able or willing to take on this role. Adult children may not be willing to take on this role because it is too stressful.

Naming multiple children as co-successor trustees may not work because they don't get along. When an individual cannot rely on family to act as a trustee to portions of an estate plan, it may be necessary to hire a professional to do so. It may still be possible to place the names of adult child or other family members on health care or other directives.

The importance of having a power of attorney in place

People in Minnesota should consider signing powers of attorney so that their needs may be taken care of if they are incapacitated and unable to take care of themselves. A power of attorney is an estate planning tool that can be used to grant power to another trusted individual to take care of the grantor's financial and medical needs if he is no longer able to do so himself.

People who are seriously injured in an accident or suffer a debilitating medical condition may be unable to take care of bills, a business and other financial issues. If they are the only one named on their accounts, family members may be unable to access them without a power of attorney or obtaining guardianship.

Starting a family? Make sure your affairs are in order

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Making the decision to start a family is a big one. As you plan the nursery and purchase all the "must haves" for your little bundle of joy, you should also set up an estate plan that has your child's future in mind. Estate planning helps to ensure that your child will be cared for if something happens to you before he or she is an adult.

Setting up your estate plan doesn't have to be difficult. Keep the focus on providing for your children, and you might find that decisions will seem easier. Here are some points to remember when you establish your estate plan:

Estate planning for art

Minnesota residents who collect valuable art can make provisions in their estate plan regarding their collections. However, many of them fail to properly plan for what should happen with the art after they die. With the proper planning, conflict and litigation between family members and high estate taxes can be avoided.

One of the reasons that art collectors fail to make proper plans is that they are unsure what to do with the art or to whom to leave it. This issue can resolved by placing the art into limited liability companies or corporations. Not only does this strategy resolve ownership issues, but it also streamlines the probate process by eliminating the necessity of having to retitle the art.

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