Messick Law, PLLCFindLaw IM Template2026-09-23T18:24:34Zhttps://www.messicklaw.com/feed/atom/WordPress/wp-content/uploads/sites/1603369/2022/12/messick_favicon.pngOn Behalf of Messick Law, PLLC<![CDATA[What are the potential pitfalls of DIY estate planning? ]]>https://www.messicklaw.com/?p=494122026-09-01T00:44:45Z2026-09-02T00:43:59ZYour will may not meet state rules
A valid will depends on proper signing and witnessing. In Minnesota, the law generally requires you to sign your will. Another person may sign in your conscious presence and at your direction. At least two witnesses must also sign within a reasonable time after observing the signing or your acknowledgment of the signature or will.
A form that fails to satisfy these rules could face a validity dispute. An estate planning attorney can prepare documents that follow state requirements and address your specific wishes.
Your beneficiary forms can conflict with your will
A will may not control every asset. Life insurance and retirement accounts typically pass to the people named on their beneficiary forms. If your will leaves an individual retirement account (IRA) to your daughter but its outdated form names someone else, the designation will usually control who receives the account.
Your trust may hold nothing
Creating a trust document does not automatically place property inside it. You generally need to transfer or retitle the intended assets. If you own that house or account in your name alone, leaving it outside the trust may subject it to probate.
Generic terms could create uncertainty
A fixed template might not account for a blended family, a child with disabilities or a beneficiary who is still a minor. Vague or incomplete terms could leave relatives with different views of your intent. That uncertainty may lead to delay, expense or litigation.
Your plan may overlook incapacity
Estate planning also covers financial and health decisions if illness leaves you unable to make them. Since a will takes effect at death, it may not provide that protection during your lifetime. Without suitable powers of attorney and a health care directive, your family might need court involvement.
How professional planning can protect your intentions
DIY documents can appear complete while leaving technical gaps hidden. Those gaps could affect control of your property and create work for the people you hoped to protect.
An attorney can review your assets, family structure and long-term goals. Tailored legal help may also offer a chance to coordinate each document and designation, which is typically the safer way to preserve your instructions.]]>On Behalf of Messick Law, PLLC<![CDATA[Do your children need to know what they will inherit?]]>https://www.messicklaw.com/?p=493772026-08-26T21:29:34Z2026-08-25T21:29:20ZWhy do parents choose to share their inheritance plans?
Sharing inheritance details can reduce misunderstandings later. When children understand your plans, they are less likely to dispute your estate after you pass. Open conversations also give children time to prepare financially. For example, knowing they will receive a family home helps them plan for property taxes and upkeep. In addition, transparency can strengthen trust within your family.
What are the risks of sharing too much information?
On the other hand, sharing too much can create complications. Some children may start depending on an expected inheritance before they receive it. This can reduce their motivation to build their own financial stability. Conflict can also arise when children feel the division of assets is unfair. Knowing too much too soon can create tension that your family did not expect.
Does the asset type affect what you should share?
If your estate includes a family business, think about whether your children are prepared to take over that responsibility. Real estate is another consideration, as it comes with ongoing costs like property taxes and maintenance that heirs need to plan for. Reviewing what your estate includes can help you determine how much information your children genuinely need to know ahead of time.
What does Minnesota require when it comes to disclosure?
Minnesota law does not require you to tell your children what they will inherit during your lifetime. Your will and trust documents remain private until you pass away or a trust becomes irrevocable. At that point, disclosure rules apply.
Trustees must keep beneficiaries reasonably informed about the trust and its administration. Additionally, a personal representative managing an estate must provide certain information to heirs. At either stage, your children gain legal rights to this information as beneficiaries.
How can you balance openness and privacy in your estate plan?
A balanced approach often works well for most families. For instance, some parents choose to share general intentions without disclosing specific dollar amounts. This allows children to feel included without knowing every detail. Consider the maturity level of children, family relationships and the complexity of the estate.
Protecting your family from future conflict
Financial matters can create lasting tension within families. Approaching this decision with your family's harmony in mind is a good starting point. Whether you choose to share or keep details private, being intentional about your choice matters. A clear estate plan can reduce the chances of confusion and conflict later on.]]>On Behalf of Messick Law, PLLC<![CDATA[Child custody in Minnesota: Legal and physical custody explained]]>https://www.messicklaw.com/?p=494062026-08-26T21:28:49Z2026-07-17T21:28:35ZLegal custody: Decision-making authority
Legal custody gives a parent the right to make important decisions about a child's life. These decisions cover education, medical care and religious upbringing. Minnesota courts frequently award joint legal custody, meaning both parents share this authority. In some cases, a court may grant sole legal custody when ongoing conflict makes cooperation impossible.
Physical custody: Where children live
Physical custody determines where the child lives and who handles daily caregiving. The parent with sole physical custody serves as the primary caregiver. Joint physical custody, allows your child to spend regular time in both homes. This arrangement does not always require an equal split of time. Physical and legal custody often go together, but not always.
How well the child has adjusted to home, school and community
Courts also consider any history of domestic abuse. A finding of domestic abuse creates a presumption against awarding joint custody to the abusive parent. The safety and well-being of your child remain the court's top priority.
The child's preference in custody decisions
There is no set age requirement under Minnesota law. However, the child must show sufficient maturity for their preference to carry weight. A judge evaluates whether the preference reflects genuine reasoning. Ultimately, the court is not bound by the child's wishes. The preference is just one factor in the overall determination.
Modifying an existing custody order
Family circumstances do not always stay the same. Minnesota law allows a parent to request a modification when a substantial change in circumstances has occurred. Common reasons include a parent relocating or a major shift in the child's needs. The requesting parent must also show that the change serves the child's best interests.
Knowing your rights as a parent
Minnesota custody law gives both parents a meaningful role in their child's life. Understanding how the custody process works can help you make informed decisions at every stage. The more you know about your rights, the better prepared you are to protect your child's future.]]>On Behalf of Messick Law, PLLC<![CDATA[Your checklist for forming a new business in Minnesota ]]>https://www.messicklaw.com/?p=494072026-08-26T21:28:00Z2026-06-20T21:27:41ZChoose a suitable business structure
Compare how each entity treats liability, taxes, management and ownership. If you create a registered entity, your selection may determine which formation document you file. It can also influence the internal agreement you use.
Select and clear your business name
Choose a name that meets state rules. Then search the Secretary of State’s records before filing. A sole proprietor or partnership operating under a name that does not identify its owners may need to register and publish an assumed name.
File the correct formation document
A limited liability company (LLC) files articles of organization, while a corporation files articles of incorporation. When you file either document, you also designate a Minnesota registered office with a complete street address. The state and other parties may use that location for official notices.
In Minnesota, either domestic filing currently costs $135 by mail or $155 online or in person. This process can create your entity but may not resolve every internal concern. An operating agreement, partnership agreement or corporate bylaws may define voting rights, management duties and exit terms. For example, your agreement might explain what happens if one founder wants to sell.
Arrange tax and financial accounts
Apply for an employer identification number when federal rules require one. Your activities could also call for a state tax ID, payroll accounts or sales tax registration. As you open these accounts, keep company money separate from personal funds. This separation may support tax reporting and may help preserve an LLC’s or corporation’s liability protection.
Check licenses and recurring duties
Review state, county and city rules for licenses, zoning and industry permits. Beyond permits and local rules, most registered entities need to file an annual renewal by Dec. 31 to remain active. Add that date to your calendar with other reporting deadlines.
Business structures and where they may fit
No single entity can suit every venture. A closer look at common choices may clarify their differences. Some of your options include:
Sole proprietorship: This business form may suit you as the only owner, but you remain personally responsible for business debts.
General partnership: You and at least one co-owner can divide control, but each partner may face personal liability for partnership debts.
Limited liability company: An LLC may offer flexible management while generally shielding your personal assets from company debts.
Corporation: This separate entity might match your company if you plan to seek investors or issue shares.
Your goals, tax position and growth plans can influence which form fits your company. They may also shape how you divide authority and handle ownership changes.
How a solid foundation may support your launch
Your entity choice, internal agreements and compliance plan form your company’s framework. These decisions can affect liability, taxation, financing and later ownership changes. Careful planning may reduce disputes and keep your company compliant as it grows.
An attorney can explain how your structure affects your rights and draft an agreement that reflects how you plan to operate. An accountant may address tax classification and recordkeeping so your legal and financial plans work together.]]>On Behalf of Messick Law, PLLC<![CDATA[Can you keep your inheritance out of your divorce settlement?]]>https://www.messicklaw.com/?p=493022026-08-26T21:27:06Z2026-05-11T21:26:49ZMany people assume that an inheritance will automatically remain separate property during a divorce, but the reality is more complicated. While inheritances are often treated differently than marital income or assets, how they are handled after receipt can determine whether they stay protected in the event of a divorce or become part of a divorce settlement.In general, an inheritance received by one spouse alone is considered separate property, even if the inheritance at issue is received during the marriage. This means it is not automatically subject to division in a divorce. A problem generally arises, however, when inherited assets are mixed with marital funds or used in ways that blur the line between separate and marital property. This is commonly referred to as the commingling trap.
Understanding commingling and why it matters
Commingling often occurs when inherited money is deposited into a joint bank account, used to pay shared household expenses or invested in jointly titled property. For example, placing inherited funds into a joint savings account and then using that account to pay everyday bills can make it difficult to trace which portion of the money was inherited and which came from marital income. Similarly, using an inheritance as a down payment on a jointly owned home may convert at least part of an inheritance into marital property.Once commingling occurs, inheritance may lose its separate character under the law. Courts often look at intent, documentation and the ability to trace funds when determining whether an asset remains separate. If records clearly show where the inherited funds went and how they were used, some portion may still be protected. However, poor recordkeeping or extensive mixing of funds can make it harder to preserve that distinction.If an inheritance has already been commingled, it is not necessarily lost. Tracing is one possible remedy. A spouse may be able to demonstrate, through bank statements, transaction histories and financial records, that certain assets originated from an inheritance. In some cases, courts may recognize a separate property interest or provide reimbursement to the inheriting spouse.Another option involves agreements between spouses. Postnuptial agreements can sometimes clarify how an inheritance will be treated moving forward, even if commingling has occurred. These agreements must meet legal requirements to be enforceable, but they can provide clarity.The best way to keep an inheritance out of a divorce settlement is proactive planning. When that isn’t possible, speaking with a skilled legal team about the ins and outs of a particular concern can help.]]>On Behalf of Messick Law, PLLC<![CDATA[New Federal Reporting Requirement for Residential Real Estate Transfers: What You Need to Know]]>https://www.messicklaw.com/?p=493162026-04-08T21:17:15Z2026-04-08T21:16:17ZWhat the Rule Requires
The rule requires certain professionals involved in residential real estate closings to file a Real Estate Report with FinCEN when a non-financed (all-cash) transfer of residential property occurs and the buyer is a legal entity or trust. These reports are similar in purpose to existing geographic targeting orders, but now apply nationally and on a permanent basis.
Covered professionals — called "reporting persons" under the rule — include settlement agents, title insurance agents, escrow agents, attorneys, and others who perform specific functions at closing. A cascading system determines who among them bears the reporting obligation for a given transaction.
What Property Is Covered
The rule covers residential real property, including single-family homes, townhouses, condominiums, cooperatives, and buildings designed for occupancy by one to four families. Mixed-use properties with a residential component are included. Certain undeveloped land is also covered if the buyer intends to build a one-to-four-family structure on it.
Key Points Buyers and Sellers Should Know
There is no minimum sale price threshold. Low-value transfers, and even gifts where no money changes hands, are reportable if the other criteria are met. The rule is triggered by the nature of the buyer — a legal entity or trust — not by the dollar amount of the transaction.
Reporting persons must collect identifying information about the transaction, the property, the transferee entity or trust, and the beneficial owners of that entity. This includes taxpayer identification numbers and, in some cases, passport numbers.
Why This Matters
If you are purchasing residential real estate through an LLC, corporation, partnership, or trust, expect your closing attorney or title company to ask for detailed ownership and identification information. Failing to provide accurate information can create compliance problems for the professionals involved — and potentially legal exposure for buyers who provide false or misleading details.
Questions?
If you have questions about how this rule affects a pending transaction or how to structure a real estate acquisition, contact Messick Law, PLLC. We counsel clients on real estate transactions, trust and estate matters, and related litigation throughout Minnesota.]]>On Behalf of Messick Law, PLLC<![CDATA[Gray divorce and the “Social Security trap”]]>https://www.messicklaw.com/?p=493002026-08-26T21:26:05Z2026-03-15T21:25:51ZGray divorce, the term often used to describe divorce after age 50, tends to inspire a distinct set of financial challenges that younger couples rarely face. For example, the “Social Security trap,” wherein the timing of a divorce can permanently affect benefits and long-term retirement security, can be a pressing concern in a gray divorce scenario. For many spouses, especially those who have earned less and/or who have spent years out of the workforce, Social Security benefits based on a former spouse’s work record can be a critical source of retirement income. In general, a divorced spouse may be eligible to claim benefits based on an ex-spouse’s earnings if the marriage lasted at least ten years. This eligibility does not reduce the other spouse’s benefits, but it can provide meaningful financial support later in life.
Why does timing matter when it comes to Social Security benefits?
The Social Security trap typically unfolds when couples divorce just short of that ten-year mark or finalize a divorce without understanding how close they are to eligibility. A marriage that ends at nine years and eleven months does not qualify, and the lost opportunity cannot be recovered later. For someone in their late 50s or early 60s, missing that threshold can significantly reduce lifetime income and force reliance on lesser personal benefits.Timing also affects when benefits can be claimed. Divorced spouses may be able to claim based on a former spouse’s record once they reach the eligible age, even if the ex-spouse has not yet claimed benefits, as long as certain conditions are met. Divorcing too early or without coordinating retirement planning can limit flexibility and shorten the window for strategic claiming.Gray divorce also often raises concerns about retirement longevity. Assets that once supported one household must now stretch across two. Health care costs, long-term care needs and inflation typically pose greater risks later in life, leaving less room to recover from financial missteps. A poorly timed divorce can magnify these pressures, especially if one spouse lacks sufficient savings or earning capacity to rebuild.Another issue involves remarriage. If a divorced spouse remarries before a certain age, eligibility for benefits based on a former spouse’s record may be lost. Understanding how remarriage interacts with Social Security rules is, therefore, important before making long-term decisions.The Social Security trap highlights why the timing of a gray divorce case matters. Working with a skilled legal team that understands retirement planning can help couples navigate divorce after 50 with greater awareness, protect future income and minimize their risk of outliving their resources.]]>On Behalf of Messick Law, PLLC<![CDATA[When unexpected heirs surface during probate]]>https://www.messicklaw.com/?p=492982026-08-26T21:24:43Z2026-02-12T22:24:29ZProbate is “supposed to” bring order to the distribution of a deceased person’s estate, but that process can quickly become complicated when an unexpected heir comes forward. The appearance of a previously unknown child or spouse after a death often introduces legal uncertainty, emotional conflict and significant delays into an already complex and often stressful process. These situations are more common than many families expect, especially when relationships at issue were private, distant or poorly documented.When an unexpected heir claims a right to inherit, the first question is legal standing. Probate courts do not accept claims based on assertions alone. A person alleging to be a child or spouse must meet strict evidentiary requirements. For a child, this may involve birth certificates, adoption records, DNA testing or proof of paternity recognized under state law. For a spouse, the burden may include marriage certificates, evidence of a valid common-law marriage or proof that no divorce occurred before death.These evidentiary hurdles can be significant. Records may be incomplete, outdated or contested by other beneficiaries. DNA testing, while powerful, is not always straightforward and may require court approval or cooperation from existing family members. Disputes over evidence can lead to hearings, expert testimony and prolonged litigation, all of which increase costs and delay resolution.
If legal standing is confirmed
The impact of an unexpected heir on any existing distribution plan can be substantial. If the deceased left a will, the discovery of an unexpected heir may alter stated preferred outcomes. Some heirs, such as spouses or children, may have statutory rights that override certain provisions of a will. In intestate cases, where no will exists, the addition of a new heir can dramatically change who receives what share of the estate, sometimes minimizing or eliminating inheritances that other family members expected.These claims often inspire emotional turmoil as well. Existing beneficiaries may feel blindsided or suspicious, especially if the claim surfaces late in the process. Accusations of fraud or bad faith are common, even when a claimant’s relationship is legitimate. Personal conflict can quickly spill into legal strategy, making careful management even more necessary than usual.From an administrative perspective, probate may be paused while the court evaluates the claim. Asset distributions are typically frozen, creditor deadlines may be extended and fiduciaries must proceed cautiously to avoid personal liability. Executors and administrators are placed in a difficult position, balancing neutrality with the need to protect the estate. Seeking legal guidance to sort out these challenges and minimize liability risks is generally wise in such cases. ]]>On Behalf of Messick Law, PLLC<![CDATA[Why Your Sibling Shouldn’t Be the Sole Executor of Your Parents’ Estate]]>https://www.messicklaw.com/?p=492972026-08-26T21:31:08Z2026-01-15T01:03:02ZNaming an executor is one of the most important decisions that an adult can make when estate planning, given the control over that individual’s legacy that an executor will ultimately be empowered by. Yet, this decision is too often made quickly and/or based on convenience rather than thoughtful, measured consideration. For example, many parents of adult children assume that appointing one child, often the oldest or most organized, will simplify estate administration. In reality, naming a sibling as the sole executor of a parent’s estate can create tension, delay and even legal disputes among family members.
Why an alternative arrangement may be preferable
An inherent conflict of interest exists when one adult child with siblings administers the estate of a parent. An executor has a legal duty to act impartially and in the best interests of all beneficiaries. When the executor is also a beneficiary, other siblings may question whether decisions are being made fairly. Even when an executor acts with good intentions, any perception of favoritism can erode trust and fuel resentment.Lack of transparency is another concern that warrants consideration. Executors control access to financial information, timelines and decision-making. If communication is poor or inconsistent, beneficiaries may feel excluded or suspicious. Simple administrative delays can quickly escalate into accusations of mismanagement or misconduct, especially during emotionally charged periods following a parent’s death.Additionally, there is a risk that longstanding sibling rivalries could escalate or unresolved conflicts could resurface during estate administration. A sibling serving as sole executor may be placed in an impossible position, forced to balance legal responsibilities with personal relationships. This strain can permanently damage family ties, even when an estate itself is relatively modest.Another issue could arise if beneficiaries disagree with the executor’s decisions. Challenging an executor may require legal action, which can delay administration and drain estate assets. These kinds of disputes frequently stem not from wrongdoing, but from unclear authority or strained communication.Some alternatives can reduce conflict and protect family relationships. Appointing co-executors, using a neutral third party or naming a professional fiduciary can provide checks and balances. These options may ultimately save money and stress in the long run by preventing disputes and ensuring proper administration. Speaking with a skilled legal team to determine which option is best for a particular family can be a wise forward-looking move. ]]>On Behalf of Messick Law, PLLC<![CDATA[3 red flags of trustee mismanagement that require prompt action]]>https://www.messicklaw.com/?p=492952026-01-15T01:02:11Z2025-11-30T00:59:35Zhave a fiduciary duty. They should act in the best interests of beneficiaries by properly managing trust resources.
Their goal should be to optimize what beneficiaries ultimately receive from the trust and to uphold the terms of the trust documents. Most trustees are fastidious about fulfilling their fiduciary duties. Unfortunately, sometimes, those who hold positions of trust use their authority for personal gain.
They breach their fiduciary duty by prioritizing their own enrichment over the protection of the people who rely on the trust for resources. Beneficiaries may need to keep an eye on trust administration so that they can identify warning signs of misconduct.
What are some of the more common ways that trustees might breach their fiduciary duties?
1. Self-dealing
Self-dealing involves agreeing to business arrangements that are more beneficial for the trustee than for the trust. For example, perhaps the trustee is a licensed accountant. They may hire their own professional practice to provide services for the trust. However, they may charge more than competitors or do substandard work. Awarding contracts related to trust operations to businesses or individuals who have ties to the trustee can be a form of self-dealing that violates the fiduciary duty of the trustee and diminishes trust resources for their personal gain.
2. A lack of communication
Trustees have to be proactive about managing resources. They should communicate with beneficiaries whenever there are significant transactions or transfers in the works. Beneficiaries should receive information about the state of the trust and the resources it manages. When trustees do not fulfill their obligations to communicate regularly and provide transparency to beneficiaries, that can be a warning sign of inappropriate conduct occurring behind the scenes.
3. Overcharging for services
Technically, trustees have a right to charge the trust for the work that they perform. However, the compensation they request should have a basis in current market rates and actual time serving the trust. When trustees overcharge for their services, they unfairly diminish the resources of the trust to increase their own pay. Such circumstances may warrant attempts to remove the trustee from their position.
Trust litigation can replace a trustee who has reached their fiduciary duty or even hold them financially accountable for the impact of their financial misconduct. Documenting concerns about trust management and discussing those issues with a legal professional can help beneficiaries protect trust resources.]]>