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Estate Planning

Haberkorn Law Offices, Ltd., has been providing estate planning legal services for over 38 years in Aitkin, Minnesota.  EXPERIENCE, KNOWLEDGE, RESULTS describe our estate planning practice.  WE OFFER A FREE INITIAL CONSULTATION FOR ALL LEGAL MATTERS.   

Haberkorn Law Offices, Ltd. focuses its estate planning law practice in Aitkin, Hill City, McGrath, McGregor, Palisade, Tamarack, Brainerd, Breezy Point, Crosby, Cross Lake, Nisswa, Pequot, Grand Rapids, Cohasset, Coleraine, Keewatin, Milaca, Princeton and other Minnesota cities and towns.

Haberkorn Law Offices, Ltd.’s estate planning practice in Minnesota includes Cabin Trusts, Powers of Attorney, Healthcare Directives, Medical Assistance, Wills, Trusts, and Probate. 

Establishing a “Cabin Trust” in Minnesota is a way to keep the “family cabin” within the family.  With a trust, a Trustee decides how to follow your directions in your “Cabin Trust”.  Another way in Minnesota to keep the “family cabin” within the family is to set up a Limited Liability Company (“LLC”) to own the cabin.  With an LLC, there’s an operating agreement that describes the ground rules, and how decisions about the cabin are made by majority vote of the family members.

A "Power of Attorney" in Minnesota, is a written document used when someone wants another adult to handle their financial or property matters.  We can put together this legal document for you, so you don’t have to worry about how your money or property will be handled if you can’t take care of them.  The adult given the power (called “attorney-in-fact”) does not have to be a lawyer, but must be a competent adult who is18 years or older.  We will set up the Power or Attorney so that you have the right to cancel it at any time and you can state in the document how long it can be used.

Minnesota law allows you to tell others your health care wishes in advance, even if you can’t at the time of your medical treatment.  This is called a “Healthcare Directive”, and we can put together this legal document for you.  You must be at least 18 years old to sign a Healthcare Directive document.  A Healthcare Directive is important if your attending doctor determines you can't communicate your health care choices due to physical or mental inability.  In other situations, your Healthcare Directive may make it clear that you want someone other than your attending doctor to decide when you can’t make your own medical decisions.

As Medical Assistance lawyers, we help families with how to pay for long-term nursing care in Minnesota without using up a lifetime of savings.  There are complicated regulations in Minnesota and in federal law which control Medical Assistance planning.  We help families plan for a possible future nursing home stay in Minnesota, while ensuring there is money left for the spouse and other family members.

We also put together legal documents in Minnesota called Wills and Trusts.  A Will makes your wishes clear to the people to whom you want to give your money and property (your heirs) upon your death.  With a Will, your money and property will be transferred by a Minnesota judge during the probate process.  A Will can also state who you want to be the guardian of your minor children upon your death.  If you don’t have a Will, the State of Minnesota will make the decisions for you.  A Minnesota Trust can give the trust and its assets (your money and property) directly to your heirs without hiring a probate lawyer or having your financial affairs become public record.  There are many different types of trusts including revocable trusts, charitable trusts, and special needs trusts.

If your loved one’s Will needs to distribute his or her assets in Minnesota, we will guide you through Probate process.  First, we will ask the court to appoint the personal representative in Minnesota.  We will then gather the probate assets (the deceased’s money, property, etc.), pay the decedent’s debts, determine and pay taxes, and distribute assets to the proper people.

If a Trust is in place, we will handle all the steps necessary for your loved one’s Minnesota Trust.  We will ask the Minnesota court to appoint a  Trustee to determine all the assets in the Trust.  We will then assist the Trustee in giving away the deceased’s assets appropriately.  If there is a Trust that continues after death, the administrator has a fiduciary responsibility to manage the Trust’s assets.  We will guide you and ensure that you meet all legal requirements in Minnesota.    

If you have a legal question involving Cabin Trusts, Powers of Attorney, Healthcare Directives, Medical Assistance, Wills, Trusts, or Probate, contact Mr. Haberkorn and Ms. Bright today for the experienced legal help you need.  EXPERIENCE, KNOWLEDGE, RESULTS!

© 2015 Haberkorn Law Offices, Ltd.