Tangible Personal Property: Dragons, Gold Coins, and Other Matters of Interest

03.31.2025 Written by: Henningson & Snoxell, Ltd.

It never ceases to amaze me how frequently our firm encounters outright bad advice offered by otherwise competent, well-meaning attorneys who simply lack experience in the estate planning arena. Nowhere is this more evident than in the creation of tangible personal property (TPP) lists—a topic that might sound mundane but lies at the heart of some of the most delicate, emotionally fraught aspects of estate transfers.

Picture this: Mom passes away, and the personal representative is busy managing the estate. Assets are being liquidated, decisions are being made about timing and listing prices for real estate—the entire gamut of complex choices that must be addressed during this difficult time.

And in the middle of all of that….the allocation of tangible personal property.

Inevitably, there are certain material possessions that Mom (or Dad) uniquely cherished. Perhaps it’s a watch worn for decades, her prized paintings, the family coat of arms on display in the study, that sword from World War I that Great-Grandpa carried, or Dad’s treasure trove of firearms locked safely away in his secretive vault. These are precisely the items that most families include on a tangible personal property list.

But here’s where things get interesting—and where inexperienced advisors often go astray.

The Statute That Many Miss

You might be surprised at how many times we witness outright violations of Minnesota’s clear statute addressing this topic. As you will see—its language is remarkably clear:

Minnesota Statute 524.2-513, titled ‘Separate writing identifying bequest of tangible property’ begins: “A will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money and coin collections…”

This statute goes on to lay out specific core legal requirements for a valid TPP, but here we focus on just one critical element, an exclusion (no gold coins or bullion!). Those several core requirements include, for example, that the TPP list must either be signed by the testator or written in their handwriting, and that it must describe items and recipients with reasonable clarity.

A TPP list that fails to meet the core statutory requirements can be entirely disregarded, leading to unintended consequences during estate distribution—such as cherished personal items ending up in the wrong hands. When a testator’s intentions are perceived one way but, due to a technical violation of the statute, the assets are instead distributed differently (such as under the Last Will and Testament’s residue clause), it can create significant discord, straining even the healthiest of family relationships. Long after the financial assets of an estate are spent, it is often these personal items that carry the deepest emotional weight—serving as enduring connections to a loved one, evoking memories of times and places long past.

And for as clear as the foregoing passage reads, it’s amazing how frequently it gets misunderstood or misapplied. So, to be abundantly clear, the phrase “other than money and coin collections” is a deliberate exclusion and unequivocally stands for the rule that gold coins cannot be allocated via a tangible personal property (TPP) list. Rather, they default to the general estate assets unless otherwise addressed in the will or trust.

Why the Confusion?

Part of the problem seems to be that gold coins ‘feel’ like tangible personal property. They don’t feel like money, and maybe they don’t even register as a “coin collection” in the traditional sense of rare or collectible coins.

Just the other day, I was speaking with my neighbor who operates a pawnshop. He loves to buy and sell gold of all kinds, especially coins—be they American Eagles, Canadian Maple Leafs, South African Krugerrands, or even gold bullion.

As a savvy businessperson and negotiator, he’s constantly probing his buyers and sellers to maximize his profit margin on transactions, typically aiming for a $100–200 margin per coin exchange.

He readily confirmed my suspicion that the vast majority of people buying gold these days acquire it to hold, not to resell. It’s a place to store wealth with an almost guaranteed retention of value and minimal transaction costs.

A person might hold a set of gold coins for 20 or 30 years, or even pass them down to the next generation.

With increasing global instability and new rounds of trade wars, gold will only continue to be what it has been throughout the ages: a safe harbor for maintaining wealth. Indeed, your biggest risk factors with gold relate to its safe storage and retrieval, not with it losing value.

So, while gold may not feel like “money” in the everyday sense, under the language of the statute, it is. Those coins minted by the U.S. Treasury (American Gold Eagles), the Canadian Treasury (Maple Leafs), and the South African Mint (Krugerrands) are unmistakably “money” in the eyes of Minnesota’s TPP statute.

Solutions for Your Precious Metals

So how can a testator make sure her cherished gold coin collection is distributed according to her wishes? This presents a particular challenge because gold coins are such a prominent vehicle of wealth transfer, all the more now that gold has broken $3,000 per ounce, and testators frequently want to devise them differently than the rest of their estate—perhaps giving one gold coin to each grandchild, for example.

One option is gifting during your lifetime, which can be an effective mechanism (though annual gift tax exclusion limits should be considered).

But as an old proverb wisely notes, “A wise man leaves an inheritance for his children and his grandchildren.” Gifting during one’s lifetime is one thing, but the sentiment and legacy associated with providing an inheritance in the traditional sense—once a person has “run their race”—is quite another.

Since these gold coins cannot be included on the testators TPP list, depending on the exact circumstances we sometimes suggest a separate clause in your will or trust specifically dealing with gold coins and other precious metals.

Beyond Gold: Other Special Collections

All that I’ve discussed about gold coins could equally apply to other valuable collections—say a prized firearm collection—which may come with very specific preferences for dispersal among loved ones.

In a future post, I’ll discuss the advantages of creating a firearms trust (also known as a gun trust), which is not only effective for conveying inheritance when settling an estate but equally valuable during a person’s lifetime for managing their collection and even affording a layer of liability protection.

Don’t Leave Your Legacy to Chance

Tangible personal property is often one of the most delicate, emotionally fraught aspects of estate transfers, carrying deep emotional weight for families. Whether it is a set of cherished spoons or vintage albums, proper planning with experienced counsel can make all the difference between your wishes being honored and your most treasured possessions becoming a source of family discord.

Our firm specializes in navigating these nuanced areas of estate planning. With over 40 years of dedicated firm experience focused heavily in estate planning, we understand well both the legal requirements and the emotional significance of these decisions.

Let us help you protect your legacy—keep the dragons at bay and protect your gold, your firearms, and all your most cherished treasures.

SCAMS – Don’t let them ruin your holidays!

12.18.2024 Written by: Henningson & Snoxell, Ltd.

With the holiday seasons coming and going, it is important to keep an eye out for scammers trying to take advantage of your holiday cheer. In 2023, the Federal Bureau of Investigation (FBI) reported non-delivery scams (i.e., consumers ordering something and never receiving it) resulted in over $250 million in losses, and gift card fraud created a $148 million loss to consumers. Just in the first couple months of 2024, the FBI reported that from January to May, consumers lost nearly $1.6 billion to various scams. The FBI has issued a warning to consumers about the increasingly high risk of holiday-related fraud due to the projected $260 billion e-commerce sales for 2024. This is not meant to scare you from online shopping but hopefully promotes some caution when doing so. Here are a few tips to help you survive the holiday scams:

Check for encryption. Look in your browser’s location bar to make sure the website address begins with “https” and not “http.” The former is a secure website with added safeguards to their site to protect your information.
Choose reputable vendors. Always verify a business before entering your information. You can verify a business on the Better Business Bureau’s website and check customer reviews or complaints. Keep an eye out for fraudulent websites or ads offering goods for massive discounts, items purchased through third-party marketplaces, or puppy scams involving fake advertisements for pets (reported losses as of November 2024 were at $5.6 million).
Do not click the links in a message or email about an unexpected delivery. If you are not expecting a delivery (or even if you are), do not click the link. This is a common phishing scam that may allow scammers access to your device and the information on it. If you are expecting a delivery and receive a link, contact the shipping company directly with the email or phone number on the company’s website to get more information and do not click the link!
If it seems too good to be true, it probably is. Advertisements for FREE gift cards, holiday work, social media gift exchanges, or anything else with terms that are just too good to be true are likely scams that are trying to collect your personal information. Do not click on the ad or provide any information!
Beware of gift card fraud. This has become an increasingly common scam and involves various tactics to steal the value stored on gift cards. Scammers will manipulate the gift card packaging and steal the card information before the card is sold, so when a consumer purchases and loads money onto the card, the scammer can quickly drain the money into their own account. When purchasing a gift card, keep an eye out for visible tears in the zigzag cuts around the perimeter of the secure pack or nicks along the pull tabs (slightly bend tab back and forth to see if this has occurred). Compare packaging and PIN to others on the shelf, and if there are no signs of physical tampering, check the balance to make sure it matches what you purchased.

When in doubt, do not provide any information or proceed further. For information about scams and other resources, visit the Office of the Minnesota Attorney General “Scams.” If you become aware of a scam or are a victim of one, you should report it to the authorities, such as the Minnesota Attorney General’s office or the Federal Trade Commission. Finally, if you are unsure as to whether something is a scam, we encourage you to reach out to us for help.

Happy Holidays!

-H&S

MINNESOTA’S NEW EARNED SICK AND SAFE TIME LAW

12.13.2023 Written by: Henningson & Snoxell, Ltd.

Effective January 1, 2024, Minnesota’s Earned Sick and Safe Time (ESST) law will require employers with one or more employees to provide paid leave to all employees who work at least eighty (80) hours a year in the state of Minnesota to be used for one of the many permitted purposes specified in the statute.

What responsibilities do employers have?

Employers have the option to either allow employees to accrue ESST at a rate of one hour of paid leave for every 30 hours worked, up to at least 48 hours in a year (the “accrual method”) or use the “frontloading method” whereby the employer ensures that each employee has the requisite amount of ESST frontloaded by January 1, 2024.
Include the total number of ESST hours accrued and available for use; and the total number of ESST hours used on the employee’s earning statements at the end of each pay period.
Provide notice informing the employees about ESST.
Include an ESST notice in any employee handbook.

Under the Accrual Method, employers must allow employees to carry over accrued but unused ESST but may cap the total amount of accrued ESST at 80 hours.

Under the Frontload Method, an employer must frontload 48 or 80 hours depending upon whether they pay out unused ESST at the end of the year.

Policies that already provide paid time off will comply with the ESST law as long as they meet or exceed all necessary criteria and do not include conflicting provisions. It is not mandatory for the paid time off policy or plan to be explicitly labeled as ESST to fulfill the law’s requirements. However, employers may find it beneficial to incorporate references to ESST usage within their policy.

Please note, businesses in Bloomington, Duluth, Minneapolis, and St. Paul are already subject to sick and safe time ordinances. On January 1, 2024, employers will have to follow that which is most generous as it applies to their employees.

Contact us regarding implementation of the ESST law as well as necessary reviews and updates to employee handbooks. We are here to help protect you and your business.

BEWARE: Scams after Forming Your Business

09.28.2023 Written by: Henningson & Snoxell, Ltd.

There has been a recent increase in scammers coming from nearly every direction. Most commonly, new business owners, especially owners of LLCs, are receiving official-looking notices or invoices after forming their new entity.

Here are the most common scams and what you need to know!

Appearing Official – Although the letters may look and seem official or quasi-governmental, they are not. Scammers try their best to make the letter as convincing as possible, but do not be fooled.
Labor Posters – The letters claim to provide labor law posters for an unnecessary fee, but the Department of Labor and Industry website provides free labor law/workplace posters. You can print them yourself or have them shipped to your business.
Certificate of Good Standing – Some letters claim to provide a copy of your business’s Certificate of Status for a fee. But the Secretary of State’s website offers a much lower cost of $5 for mail and in-person orders and $15 for online orders.
Annual Renewal – Letters claiming to submit your business’s Annual Renewal with the state for a fee should be disregarded because you can do so for free on the Secretary of State’s website.
Confidential Information – Requests for confidential information to update your business’s information or apply for a “state benefit” should be reported! Any confidential information related to your business, including officer names and addresses, bank account information, etc., should not be disclosed to anyone over the phone or in a letter.

When in doubt, do not respond. Contact us to verify that the fee or information request is valid.

Dementia & Guns: A Deadly Combination

01.12.2022 Written by: Henningson & Snoxell, Ltd.

There is a side to gun ownership that is not often discussed: what happens when a gun owner is no longer capable of safely owning or using his or her guns?

It is tragic when an individual with dementia ends up shooting a loved one.

Individuals who develop dementia frequently experience hallucinations or have times where they do not recognize the people around them. This can be especially problematic if the individual has access to guns. The individual may incorrectly believe someone they know is a stranger and that he or she needs to defend themselves. It is tragic when such an individual ends up shooting a loved one. In West Virginia, a grandfather with dementia thought he saw intruders entering his home, so he grabbed his Glock that he kept under his pillow and shot his wife and granddaughter. The granddaughter was able to call for help, but the grandmother did not survive.

Unfortunately, this can and does happen not only in other states but also right here in Minnesota. For families of loved ones with dementia, we commonly grapple with the question of when to take the car away. Families should also discuss when the guns should be removed from the home or stored in a secure location for safety purposes. This is a difficult conversation and the loved one may be in the denial stage of dementia. In situations like this, families may need to involve the courts to initiate a proceeding to have the individual’s guns confiscated.

Decide what to do with your firearms.

To prevent court intervention, families should engage in the conversations early on in an individual’s diagnosis so that the individual can be involved in deciding what to do with the firearms, to whom the firearms should go after they pass, or whether to voluntarily give them up. For caretakers and family members, it is best to get this plan in writing and signed by the person when there is a voluntary relinquishment of the firearms. This will be helpful in the future should the individual forget about the arrangement and make accusations that someone stole the guns.

Families may be forced to deal with this situation before they can bring caregivers or home health into the home. Such agencies have policies that require that any firearms or weapons in the home be removed before their employees can come to the home. By having a plan in place and removing the guns before there is a need for home health care or in-home assistance, families can avoid additional stress.

If your family has a loved one who has been diagnosed with dementia, be sure to speak with physicians, elder law attorneys, or care coordinators to help you understand the ins and outs of what is to come.

Our elder law concierge service at Henningson & Snoxell provides family with a personal touch to help navigate the chaos that comes with a loved one with a dementia diagnosis. Please reach out to see how we can help you and your family through this challenging time.

Rachell Henning is an Elder Law attorney that brings a wealth of personal and professional experience to her practice. From an early age, Rachell has been dedicated to assisting elderly individuals and individuals with disabilities to live their lives to the fullest.

Elder Law, Estate Planning, Family Law, Rachell Henning

January 12, 2022

Estate Planning For Snowbirds

12.03.2021 Written by: Henningson & Snoxell, Ltd.

It’s that time of the year when Minnesotans head south for the winter to enjoy the warmer climate in states such as Florida, Arizona, and Texas. If you are one of these lucky people, while you may not be establishing residency in these states, it is still essential to have a proper estate plan in place if something happens while you are on your extended vacation.

If you have a Will, Trust, Power of Attorney, and/or Health Care Directive in place, reviewing those documents before heading south for the winter is a good idea to make sure your plans and wishes are current. If you do not have an estate plan, getting something set up, even if it’s just incapacity documents, is better than having nothing expressing your decisions.

It’s important to remember that even though you may be living in another state for months at a time, you would still be considered a Minnesota resident. Therefore, your estate plan documents should reflect Minnesota law. However, your estate plan should also consider assets and regulations in the state you are wintering in, as that state’s laws may dictate what would happen if you become incapacitated or deceased.

First step: Ensure Incapacity Documents

First, you should ensure that your incapacity documents are up to date. Incapacity documents include Health Care Directives and Powers of Attorney. It’s essential to have a Health Care Directive that is general in nature, meaning it’s not applicable in only one state or with a specific wellness provider. Often health care providers will equip patients with a Health Care Directive, and while that Health Care Directive is helpful, it may not be accepted by another provider. For example, if you are in Florida for the winter and become incapacitated, your primary provider’s Health Care Directive on file in Minnesota may not be recognized at the Florida hospital you are being helped at. A properly executed Health Care Directive should be applicable in states outside of Minnesota and with nearly any medical provider.

Power of Attorney is another vital document to have in place. Minnesota has a statutory power of attorney document that can be utilized anywhere in Minnesota (financial institutions, real estate transactions, etc.). However, if situations arise where the attorney-in-fact (your designated agent) attempts to deal with a financial institution, real estate company, or government agency in another state, in that situation, the Power of Attorney based in Minnesota may not be accepted since it is specific to Minnesota law.

Therefore, it’s also crucial to have a Common Law Power of Attorney that is more general in nature. For instance, if you own real estate or have bank accounts in another state, the Common Law Power of Attorney should be effective in recognizing your attorney-in-fact to handle any transactions in that state where you are temporarily living.

Next step: Ensure Will/Trust

Lastly, you should always have a Will and/or Trust in place regardless of where you are residing. These documents will ensure that your assets will be distributed per your desires upon death rather than be subject to that state’s laws. You also want to make sure and nominate a Personal Representative/Executor who would be in charge of administering your estate. Possessing a Trust could prevent the need for a conservatorship during your life and probate upon your passing.

Whether your assets would be subject to probate would depend on which state they were owned in and the value of those assets; a trust could prevent that regardless of the location and value.

So while it may not be exciting to review or create your estate plan before leaving for the warmer climate, it is crucial to have documents in place so your loved ones can handle any issues that may arise due to any unforeseen event. Therefore, I would encourage you to ensure that everything is in place by contacting an attorney before heading south this winter.

Final step: Talk to an Estate Planning Attorney

Be sure to discuss with your attorney your Incapacity Documents along with your Will and Trust. Without having a Health Care Directive and/or Power of Attorney in place, your family could be left with a lengthy and costly court proceeding to get your affairs in order. These documents allow YOU to decide who you want to handle your medical and financial decisions, not the court.

Adam Kaufman is an attorney at the firm of Henningson & Snoxell, Ltd. located in Maple Grove, Minnesota. Adam helps individuals and families of all sizes and asset levels, by advising them and preparing: Wills Trusts Health care directives; and Powers of attorney.

Adam Kaufman, Estate Planning

What Happens to Spousal Maintenance at Retirement?

05.30.2019 Written by: Henningson & Snoxell, Ltd.

Spousal Maintenance - Henningson & Snoxell, Ltd.

The award of permanent spousal maintenance does not mean it will be paid forever. It means until the payor’s death, the recipient’s remarriage or a substantial change in the financial circumstances that makes the original award unreasonable and unfair. The payor’s retirement can be a substantial change in the circumstances. See Minnesota Statutes 518A.39.

Unless the divorce decree specifically identifies what happens at retirement, permanent spousal maintenance does not automatically end at the payor’s retirement. If the divorce decree does not specify what happens at retirement, at that time the payor can bring a motion to modify spousal maintenance and the obligation may end, be modified or remain unchanged. If the original award was permanent maintenance, it is the payor’s burden to establish the substantial change in circumstances.

In the past the usual age of retirement was 65. Except for a few professions, today there is no mandatory retirement age. If contested, when the spousal maintenance payor retires he or she has the burden to show the decision to retire was in good faith and not for the purpose of avoiding the maintenance obligation. The closer the payor is to age 65, the court is more likely to determine the decision to retire was made in good faith. However, there are circumstances when retiring before age 65 is appropriate. If the spousal maintenance recipient claims the payor is retiring in bad faith, the court will consider a number of factors:

The payor’s health;
The payor’s employment history;
The parties’ plans and expectations for early retirement before the divorce;
The employer’s policies and industry standards relating to the age of retirement;
The payor’s financial circumstances; and,
All other reasons given to retire.

The process is complicated because typically before bringing a motion, the payor needs to actually retire and the decision to retire maybe connected to whether the spousal maintenance obligation will be changed. Before deciding to retire or announcing your retirement, it is wise to consult with an attorney. If you are the maintenance recipient and receive notice of the payor’s intention to retire, it is also appropriate to promptly communicate with experienced legal counsel.

If the Court determines the payor was acting in good faith, the court looks at the parties’ incomes, assets and expenses. If both parties have post retirement income that provides for their reasonable expenses, spousal maintenance should end. However, the Minnesota Supreme Court recently decided, even at the age of retirement the maintenance recipient is not required to use the retirement assets they were awarded in the divorce decree to support themselves at retirement. Many lawyers do not understand this decision.

Minnesota case law provides the maintenance recipient does not get a “second bite of the apple”. In other words, the payor is not required to pay spousal maintenance from marital assets previously divided in the original divorce decree. However, income earned from the assets and retirement accounts awarded in the original divorce decree can be considered when evaluating the payor’s ability to pay and the recipient’s need for maintenance.

When the court evaluates the payor’s ability to pay maintenance, it considers the assets acquired by the payor after the divorce and the payor’s pre-marital assets that were not considered in the original divorce settlement. This means if the maintenance payor is financially successful after the divorce, he or she may have a more difficult argument establishing a substantial change in the circumstances that makes the original maintenance award unreasonable and unfair.

In assessing the spousal maintenance need, the court must consider all the income from the requesting spouse. The spouse seeking maintenance is not required to sell-off assets to provide for his or her needs. However, the income or return generated from the recipient’s estate will be considered. In a recent Minnesota Supreme Court case, the Court ruled that the recipient of maintenance was required to move her cash and invest in a more “income producing” investment.

Not surprisingly, the decision to retire and request a change in spousal maintenance can result in litigation. To avoid uncertainty and surprise at retirement, it would be helpful to agree what happens to spousal maintenance when the initial divorce terms are decided. However, with the emotions at the time of divorce, this negotiation can be difficult.

In the future, we expect legislative changes to the spousal maintenance statute and case law that will clarify what is considered when the payor seeks to modify spousal maintenance at retirement.

Modification of spousal maintenance is difficult, subjective and the related law is constantly changing. It also makes a difference if the original spousal maintenance award was permanent, permanent with step reductions or temporary. If you are involved in a spousal maintenance modification case, we recommend consulting with an experienced family law attorney at Henningson & Snoxell.

Minnesota’s New Child Support Law

05.14.2019 Written by: Henningson & Snoxell, Ltd.

Minnesota’s new child support law that went into effect in August 2018 addresses basic child support, childcare support and medical support, just like the old law did. Just like the old law, the new law does not address many children’s expenses such as extracurriculars, school expenses and phones which would seem to be “shared” expenses that both parents should contribute towards their cost.

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Divorce & ADR – What Does That Mean?

05.01.2019 Written by: Henningson & Snoxell, Ltd.

Alternative Dispute Resolution -Hennginson & Snoxell - Divorce Attory Tifanne Wolter

Minnesota Family Law (Custody and/or Divorce) cases generally require the parties to participate in Alternative Dispute Resolution or ADR. The most widely used forms of ADR are Mediation and Early Neutral Evaluation.

Mediation is a process where the parties, along with their attorneys, meet with a third-party neutral Mediator to assist with resolving their differences. Those differences can include such things as who has custody, amount of parenting time, division of property and financial support.

The Mediator’s role is to assist the parties in keeping communication flowing –focusing on the issues and brainstorming ideas for settlement. The Mediation can take place with all the parties in the same room, or by caucus – where the mediator goes back and forth between the parties in separate rooms. Mediators are neutral parties – they do not represent either side and do not provide legal advice to either party, and they do not have any decision-making authority.

Early Neutral Evaluation, ENE, is a form of Alternative Dispute Resolution. The parties are given a neutral opinion of the strengths and weaknesses of their case. The process usually starts at the beginning of a divorce or custody case. This gets the parties talking about settlement early in the process before people get entrenched in their positions. However, early neutral evaluation can be effective at any point during the case.

There are two separate types of Early Neutral Evaluations. When it relates to evaluating custody and parenting time, a Social Early Neutral Evaluation, or SENE, is conducted. The early neutral evaluation for asset division and financial support is called a Financial Early Neutral Evaluation, or FENE.

For an SENE, two evaluators, typically a male and female, are assigned to the case. A good SENE session should last at least three hours and it is possible to need a follow up session. The process begins with the evaluators explaining the confidentiality requirements, and the way the evaluation will be conducted. It is very important to tell the evaluators all the information they ask for. This needs to be complete and accurate information for them to formulate their best opinions. If information is held back, the evaluator’s recommendations may not be appropriate.

Both parties make presentations to the evaluators. The evaluators leave the room and discuss their impressions of the case. They reconvene and give their feedback and thoughts about the likely outcome of the case. At this point, you can ask the evaluators questions about their recommendations and get any necessary clarification.

Once the evaluators provide their recommendations, you will privately discuss your thoughts about what has been recommended with your attorney. At that time, you will have three options: 1) agree with the recommendations 2) agree with some of the recommendations and propose some changes, and 3) disagree completely and walk away from the discussions.

You will again reconvene with the group and discuss each parties position regarding the recommendations. This starts negotiation of the terms of a settlement agreement. You may be able to reach a full agreement on all issues. Or, there may simply be a temporary agreement or a partial agreement requiring further negotiations.

The FENE process is also evaluative, but the process is quite different. Only one evaluator is chosen. The evaluators are experienced family law attorneys and financial neutrals who have worked as expert witnesses on divorce cases.

During the FENE, everyone typically meets in the same room. The discussion will focus on determining assets and debts, the division of those assets and debts; the evaluation will also discuss issues of financial support such as child support or spousal maintenance. If the parties cannot agree on these items, the evaluator will give the parties an opinion on the likely outcome should the matter would go to court.

The evaluator’s opinions regarding the likely outcome at court help to move the settlement discussions along. It is common for parties to be convinced that their position is the right one. The evaluator helps to show the parties that there may be shortcomings in their case and gives the parties a realistic option for settlement negotiations when they cannot agree.

Having a skilled attorney represent you during Alternative Dispute Resolution is crucial. Henningson & Snoxell’s Family Law attorneys have the compassion and the mediation skills to bring about a timely and favorable solution for you and your children. They know how the process works and how to effectively prepare you and represent you through the process. If you have questions about divorce or any other family matter, please contact our office to set up a consultation.

What to Bring with You to Your Initial Consult with a Family Law Attorney

04.24.2019 Written by: Henningson & Snoxell, Ltd.

Divorce can be a complex process and scheduling an initial consult is the first step. The most common question I get after scheduling an initial consult is, “what should I bring with me?” My response is “as much as possible.” I encourage potential clients to bring information that could be relative to their case. This includes documents about assets, debt, income, as well as any documents pertaining to their children, especially if they have special needs, so we can have a thorough meeting about to the process.

Below is a list of helpful documents to start the process.

Legal documents regarding these proceedings, including any Order for Protection or Harassment documents;
Paycheck stubs for you and your spouse from the last six months
Tax returns for the last five years with all schedules and attachments;
Deeds, Abstracts or Torrens Certificates showing legal description of all real property, Mortgage, contract for deed, or home improvement loan documents and property tax assessment statement for the last two years;
Stock and life insurance documents and most recent retirement plan records showing plan value;
Appraisals of any real estate, assets or business interests;
If you have filed bankruptcy, all legal documents;

The initial consult with your attorney is first step in the process. While helpful, it is not necessary to bring all of these documents with you. In many cases, most do not have access to their spouse’s information; that is fine. Your attorney is your partner is in this process and will help you get the information you need so you can make decisions and understand the entire picture.

At Henningson & Snoxell, Ltd., we have experienced and compassionate family law attorneys. Kelly Eull is an attorney in the firm’s Family Law Department. If you have questions about divorce or any other family law matter, please contact our office to set up a consult.

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