Pre-paid legal services seem appealing for their accessibility and predictable monthly fees, but they are limited and do not meet businesses’ full needs.
Jill A. Adkins recently returned to Henningson & Snoxell, Ltd. as the latest attorney to join our estate planning and elder law department. With more than 30 years of legal experience working with wills, trusts, probates, and more, Jill is a fierce advocate for her clients. She has a strong passion for serving, focusing on helping her clients understand and navigate the legal system.  Jill works with clients of all ages to create personalized estate plans. From naming guardians for young children to planning for incapacity to minimizing estate taxes, Jill helps her clients with a wide range of topics. She also works with each client’s financial planner or insurance agent to properly coordinate all aspects of the estate plan. Jill is especially committed to protecting the rights of older persons. She focuses much of her practice on elder law, which includes helping clients plan for long-term care and apply for Medical Assistance. Jill also helps older persons and their families prevent and address abuse, especially financial exploitation. “I am excited to return to Henningson & Snoxell and resume my estate planning and elder law practice with a stellar group of professionals who focus on serving client needs,” Jill said. Henningson & Snoxell, Ltd. is excited to welcome back Jill and looks forward to her contributions to our firm!
According to the government, people age 60+ lost nearly $8 billion to fraud in 2025. Learn the most common scams against seniors and how to protect yourself.
Medicare is a federal health insurance program primarily for people age 65+. Medicaid, or Medical Assistance in MN, is for individuals of all ages. Learn more.
Without incapacity planning documents in place, you may be subjected to a guardianship or conservatorship. Learn what these are and how they work.
Powers of Attorney and Health Care Directives name individuals to handle your financial and health decisions if you cannot. Learn how an attorney can help.
Join us for part 1 of our National Elder Law Month series. Today’s topic underscores the importance of an elder law attorney as your team leader.
Minnesota instituted a number of changes to the law relative to spousal maintenance effective August 1, 2024. One of these alters how the courts handle retirement of a party. The new statute allows for the modification of spousal maintenance upon the retirement of a former spouse who is paying spousal maintenance. The modification may (1) reduce; (2) suspend; (3) reserve; or (4) terminate the spousal maintenance. Upon a motion to modify or terminate spousal maintenance, the courts will consider the following factors to determine the appropriate modification: whether the retirement is in good faith; The statute now states that there is a presumption that retirement was not in bad faith once the retiring spouse reaches full retirement age or customary age in their occupation. whether the former spouse has attained the full retirement age under the Social Security Act (age 66 or 67) or the customary age for retirement in their occupation; whether the former spouse has reasonably and prudently managed their assets since the dissolution of the marriage; and the financial resources available to both former spouses. There is now a presumption that a person of full retirement age (whether the spouse paying or the spouse receiving maintenance) will use both income and assets to meet their needs. This is a change from the past statute and appears to be a change from case law as well, where previously only the assets not awarded during the divorce needed to be used to meet a person’s needs. As the retiring spouse, you may bring a motion to modify before you actually retire, as long as you have a specific date of retirement. The modification or termination can then be effective on the actual date of retirement. This is also a change, as previously a motion to modify could only be brought after retirement. If retirement is in your near future or your former’s spouse’s future, our family law attorneys can help you determine what the next steps might look like. Contact us to see how H&S can help you.
With the age of information comes a lot of disinformation. Having information at our fingertips can be a good thing, but being able to understand and apply the information is equally important. A common problem with trying to put your estate plan together yourself is failing to properly plan for a loved one with special needs. Individuals with disabilities who are on income- or asset-based programs can be significantly impacted by an unexpected windfall should you name such an individual as a beneficiary on a retirement account, a Transfer on Death Deed, or a checking account. The sudden influx of assets could jeopardize the person’s eligibility for essential benefits that they rely on to cover the services and supports they need. It could even impact their monthly income if they are on Supplemental Security Income (SSI). A common scenario we see is families trying to add their children as joint owners on their checking accounts to try to avoid probate. Unfortunately, if you put your child who is receiving Medical Assistance or SSI on your checking account, this could impact their eligibility for assistance, as the assets in that account could end up counting as an available asset since their social security number is tied to it. There are better ways to avoid probate. Knowledgeable estate planning and elder law professionals can help you put in place a plan to still provide for your loved ones with special needs while trying to avoid probate and/or reducing the chance of jeopardizing their eligibility for the benefits they need to survive. There are multiple tools that can be used based upon the family situation and the individual’s needs and resources. At Henningson & Snoxell, Ltd., our estate planning department has attorneys with the experience and knowledge to help you navigate the complicated waters when you have a loved one with special needs. From incapacity planning to estate planning and beyond, we can help you put the plan and tools in place for peace of mind.
Oftentimes while discussing estate planning when minor children are involved, parents tend to focus on the question, “who will our children live with if we were to die?” While this is an important part of their estate plan, of equal importance is how assets being distributed to a minor will be handled. Most people say that their assets should be distributed to their child or children if their spouse predeceases them (if married); this includes designating their child or children as beneficiaries. But if those children are minors, numerous issues could develop. And these issues are not just exclusive to parents of minor children; it can include others who are leaving gifts to minors, such as grandparents to grandchildren. Assets affected by not properly planning for minors include real estate, financial accounts, vehicles, and anything else owned by a decedent at the time of their death. Some examples of failing to plan properly for minor beneficiaries include: Not including a contingent trust in your will/trust. If a person has not attained the age of eighteen, they will not be allowed to inherit assets from your estate. If they have attained the age of eighteen, then they will be able to inherit. But do you want an eighteen-year-old to inherit money that they are free to spend as they wish? Instead, what is needed is a contingent trust that states that if a person is under a certain age, their share will be held in a trust until they reach a specified age. This trust would only be created if, at the time of your death, that individual is under the specified age. The funds would then be held in trust and managed by a trustee that you appoint in your will or trust. Funds would be available to pay for expenses on the individual’s behalf, such as education, medical expenses, a down payment on a first house, etc. The only time the individual would receive money to use however they want would be at the ages you designate. For example, a common estate plan could say that a child may get 50% at the age of twenty-five and then the remainder at age thirty. However, you can state whatever ages and percentages you feel are best. If a child is over that age at the time of your death, then they would get the entire distribution, and it would not be subject to a trust. Having a contingent trust such as this will ensure that the funds are held and properly managed until a suitable age. Designating a minor child as a beneficiary of your financial accounts. Many people who meet to discuss estate planning will state that they have their spouse designated as primary beneficiary and their children as contingent beneficiaries. The issue with this is that a beneficiary designation supersedes what is stated in your will/trust. So if your will/trust has a contingent trust included for minor children with distribution ages and percentages (such as suggested above), but you do not name that trust as contingent beneficiary for the child, then the beneficiary designation of the minor child will control, and it will not be distributed to the trust. This means that if they are still a minor, the company holding the funds will continue to manage the money until the child turns eighteen. Upon turning eighteen, the child can receive the funds. Oftentimes this is where the bulk of a person’s assets reside—in financial accounts. This could be a sizable amount of money that a child is receiving at a very young age. Improper planning for a minor might necessitate the need for court proceedings. If you don’t include a contingent trust in your estate plan or properly designate the beneficiary for a minor, a court proceeding may be needed to establish a conservatorship or custodial account for the child. Since a minor would not be able to receive funds until they turn eighteen, an adult would need to be appointed by the court to manage the funds on the child’s behalf. Conservatorships and custodial proceedings are costly and typically involve ongoing court responsibilities. Administrative costs and taxes are paid out of the child’s funds, which can deplete what they will ultimately receive. In addition, the court loses jurisdiction over the child once they turn eighteen, meaning the assets being managed by the conservator or custodian are then turned over to the child to be spent as they wish. These are just a few of the issues that crop up when people do not properly plan for gifts to minor beneficiaries. Not having a proper plan can mean significant legal costs and time-consuming court proceedings. It is important not to rely on what your neighbor told you to do, or an internet search, or what your parents did forty years ago. Instead, meet with an estate planning attorney who can inform you as to the risks of designating gifts to minors and the proper estate planning that can be done to hopefully prevent the issues that happen when a plan is not done properly.
