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Hannon Taylor Ford

Hannon Ford’s Answers

124 total


  • Distribution of furnishings/belongings when parent is in nursing home

    Our mother recently moved into an elder care facility and her savings are being used to pay for her care. We are about to sell her home to add to the amount available for her care. Can her household furnishings and belongings be distributed to her...

    Hannon’s Answer

    Personal Property can be freely distributed in MN. There is no penalty in MN's Medical Assistance rules for distribution of those assets. There would be if they were sold and then cash from the sale were gifted. The other response does not apply well to MN.

    I suggest you visit with an Elder Law attorney to find out how to save other assets under MN rules.

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  • How do you find out who the exector of a will is if the will is not in probate yet?

    my husbands parents have both passed and the siblings are very tight lipped.He is the only one who doesnt know what the will states. It is a estate very valuable.

    Hannon’s Answer

    If the Will has not yet been filed, the only places you can get that information are from the named Personal Representative (if they know they are the P.R. and they have the Will), the attorney who drafted it, (although they also may withhold information on instruction from the P.R.). In the worst case scenario, you may have to petition the court to require the information be brought forward. It is also possible that there is no Will or that the estate planning was done with a Trust. This would mean no probate and no Will to file.

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  • Personal Representative for Estate Account

    My parents both recently passed away. My bank suggests we open an Estate Accountt. How do I legally become the Personal Representative?

    Hannon’s Answer

    As an attorney in MN, I can tell you that James Frederick's answer is spot on for MN. Maybe he is licensed here as well. I would talk to your local estate planning attorney to find the cheapest and best way to handle this estate. As mentioned many options are available and a good meeting with an attorney will direct you on the correct path for the whole estate and not just the bank. Best wishes.

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  • Estate plan or living will??

    I am foreclosing on my home and filing for bankrupty this year. I have no other property or equity. I am a single parent of a 2 year old and need to know she is cared for if I die. Her father is involved, we live separately; not a couple. He is no...

    Hannon’s Answer

    It sounds to me like you would want an estate plan that either creates a trust or uses MN's Uniform Transfers to Minors Act, to set money aside for you daughter. You also, as others have already said, should name Guardians for your daughter, if something did happen to you.
    A Living Will is caled a Health Care Directive in MN. You should have one as well. Best wishes.

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  • I live in MN; both parents passed away in 2009. Refund checks coming back "To the Estate of..."

    My Father passed in June, my Mother in December of 2009. I have recently received refund checks; apartment deposit, renter's insurance, etc. The checks are made out to "The Estate of....". I took them to be deposited into the account where my sis...

    Hannon’s Answer

    There are lots of good ways to resolve this problem. MN does have a small estate affidavit if the assets (in total) are less than $50,000 that are probatable. Also, you may be able to start an estate account with just an EIN and certificate. But to get the money out you still need a small estate affidavit. I also recommend taking this to a good estate attorney to have them help you figure out the easiest way to deal with these refunds.

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  • How to keep PR and estate lawyer to "follow the will" ? am suffering huge expense. legally define "legal" role of PR?

    Resp. to J. P. Frederick: Est.Lawyer says he repesents PR - all Q's have to go thru PR. Sentimental statute is for minors and was illegal in our case, also no 30day notice.My attrny sent letter to stop...PR still used against us (2 heirs). Est....

    Hannon’s Answer

    The best advice I can give is to get a lawyer working for you that is a specialist in this area. You need to petition the court for a Formal Probate so you can see everything that is being done. It sounds like you also want to petition for a discovery process for all legal documents pertaining to Will. If they don't produce all lists and memorandums of the Will, they will be breaking the law. Not an easy or cheap process for you at this point from the sounds of what is happening.

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  • What happens when a life insurance beneficiary designation change breaks the obligation of the divorce decree?

    I am the sole named beneficiary on two life insurance policies my boyfriend had. This was a change he made one month before his death. There is a dispute with the ins. co. because the divorce decree states: "both parties agree to maintain existing...

    Hannon’s Answer

    The Court order must be followed, and it is binding on the beneficiaries of the policy. There will not be a split. If the court order says an amount (which it should), that is the amount going to the children. You should take this to an attorney to represent you and see if there is any benefit you can keep.

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  • How quickly do life insurance companies have to distribute to beneficiaries upon death of policy holder?

    Are there any laws governing how quickly a life insurance policy must be distributed to beneficiaries in the state of Minnesota? There was some confusion within the life insurance company because a beneficiary change was made online. Immediately a...

    Hannon’s Answer

    • Selected as best answer

    The collection timing on life insurance is not statutory. The contract could affect timing, but most contracts only require that there be a death. Your hold up is because there appears to be a dispute as to the beneficiary and timing of the possible beneficiary changes. The company will make sure there are no mistakes in this case and will require that their lawyers clear any proceeds to be paid out. If the other party agrees that there is some dispute, it may have to be settled in court. MN Statute allows proceeds from insurance (even when paid outside of the typical estate), to be includable in the proceedings. You should get an attorney on your side to make sure your rights are protected.

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  • Does MN have a number of years required for a quit claim deed on property to be free from debtors during pobate

    Quit claim deed - When using this form to give your home to your children, is there a number oy years under Mn State law that this becomes effective?

    Hannon’s Answer

    It will depend upon the creditors you are considering. If it is a current creditor it can be problematic. Also, many considering a nursing home stay will ask this same question. That can take 5 years in some circumstances. For normal creditors, they cannot make a claim against a previously made gift. You should consult with an attorney about your specific creditor issues and what your goals are for this gifting.

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  • What is the process for getting a quit claim deed in MN

    i am living on disability and own a duplex with my sister monica. I accrued very large credit card debt and an irs debt that my other sister theresa is making payments on . Would it make sense for me to transfer the interest in my duplex to my sis...

    Hannon’s Answer

    Your questions are impossible to answer without a lot more information about both your debts and in what status they are. There are many other things that can affect whether you can use a Quit Claim Deed to your benefit as well. You need to visit with an attorney on this one.

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