Messick Law, PLLC FindLaw IM Template 2026-04-10T14:49:16Z https://www.messicklaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1603369/2022/12/messick_favicon.png 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=49316 2026-04-08T21:17:15Z 2026-04-08T21:16:17Z What 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[Why Your Sibling Shouldn’t Be the Sole Executor of Your Parents’ Estate]]> https://www.messicklaw.com/?p=49297 2026-01-15T01:03:56Z 2025-12-15T01:03:02Z Naming 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=49295 2026-01-15T01:02:11Z 2025-11-30T00:59:35Z have 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.]]> On Behalf of Messick Law, PLLC <![CDATA[Who gets your assets if you die without a will in Minnesota?]]> https://www.messicklaw.com/?p=49238 2025-07-30T18:07:43Z 2025-07-30T18:07:11Z When you die without a will, known legally as dying intestate, you leave the distribution of your estate up to state law, not personal intent. In Minnesota, a specific order of inheritance applies, and who gets your assets depends entirely on your family structure at the time of your death.

Spouse and children: The main heirs

If you are married and either have no children or only share children with your current spouse, then your spouse inherits everything. However, if you or your spouse has children from another relationship, the division looks different: your spouse receives the first $225,000 of your estate, along with half of what remains, while your children receive the rest.  This rule attempts to balance competing interests but often leads to results that don't align with what you might have wanted. If you are not married but do have children, then your entire estate goes to them in equal shares, regardless of their age or financial need.

No spouse or children: Who's next?

If you die without a spouse or children, your estate moves up the family tree. Your parents inherit everything. If your parents have passed away, then your siblings inherit instead. If no siblings survive you, Minnesota law keeps going. In this case, your assets go to grandparents, then aunts and uncles and eventually to cousins. The state uses this order to find the closest living relatives, even if you barely knew them.

Special rules and definitions

Under Minnesota law, adopted children inherit just like biological ones, but stepchildren and foster children don't, unless you legally adopted them. Your grandchildren don't automatically inherit unless their parent (your child) has already passed away.  There's also a timing rule: someone must survive you by at least 120 hours, or five full days, to receive their share, and not everything you own passes through intestate succession. Life insurance payouts, retirement accounts with named beneficiaries and jointly owned property usually bypass the probate process entirely.

Take control before the state decides for you

If you leave your estate up to intestate succession, you also leave behind the risk of confusion, unintended outcomes and even family disputes. Your assets might go to people you didn't intend to benefit, while those you cared for most could be left out. Creating a simple estate plan ensures that your wishes guide what happens next. If you want to keep that control and protect the people who matter to you, now's the time to start.]]> On Behalf of Messick Law, PLLC <![CDATA[Transfer-on-death deeds: Simplifying Minnesota estate planning]]> https://www.messicklaw.com/?p=49237 2025-07-30T18:02:52Z 2025-07-30T18:02:52Z Estate planning in Minnesota often brings up one major concern: how to pass on property without dragging your family through probate. A transfer-on-death deed (TODD) offers a straightforward way to make that happen, especially when you want clarity, control and simplicity all in one document.

What is a transfer-on-death deed?

A transfer-on-death deed, or TODD, allows you to name one or more beneficiaries who will receive your real estate directly after you pass. Unlike a will, a TODD bypasses probate entirely, which means your chosen person inherits the property without waiting for court approval or triggering a drawn-out legal process.

How does a TODD work in Minnesota?

To create a TODD in Minnesota, you must fill out the correct deed form, sign it and have it notarized. You also need to record the deed with the county where the property is located, and this step is critical. While the TODD names a future beneficiary, you stay in complete control of the property while you’re alive. You can sell it, refinance it or revoke the TODD altogether at any time. Minnesota law has updated the process in recent years to make it more user-friendly, including clarifying the forms and requirements for property owners.

Why do Minnesotans choose TODDs?

For many Minnesotans, a TODD offers just the right balance of simplicity and flexibility. It helps your family avoid the delays and legal fees tied to probate, keeps the transfer of property private and ensures that your beneficiary receives a “step-up” in tax basis, which may reduce capital gains taxes if they sell. This tool works especially well if you own a single piece of real estate and want to pass it along cleanly and efficiently.

What should you keep in mind before using one?

A TODD doesn’t work well in every situation. If you plan to name a minor or someone who receives government benefits, you may unintentionally complicate things. The property also passes subject to any mortgage, lien or debt tied to it, and it still counts as part of your estate when it comes to taxes or Medicaid estate recovery. That’s why it’s smart to consider how this fits into your larger plan.

Start your Minnesota estate plan with confidence

If you want a way to transfer real estate without court delays or legal headaches, a TODD might be worth exploring. You can take control now and ease the burden on your loved ones later, but you’ll want to make sure this tool fits your situation. Talk to a Minnesota estate planning attorney who can walk you through your options and help you set things up the right way.]]> On Behalf of Messick Law, PLLC <![CDATA[How Unmarried LGBTQ+ Couples Can Protect Partners in Estate Planning]]> https://www.messicklaw.com/?p=49217 2025-07-10T17:24:01Z 2025-07-10T17:24:01Z Estate planning is crucial for unmarried LGBTQ+ couples to protect their partners. Without legal safeguards, partners risk losing their inheritance and are unable to make medical decisions on behalf of their partners. This is especially important as many couples choose not to marry, leaving them vulnerable under current laws. Proper estate planning allows couples to define their wishes and secure their partners' rights, providing peace of mind in times of uncertainty.

Why Unmarried LGBTQ+ Couples Face Unique Challenges

Unmarried LGBTQ+ couples face distinct challenges because state laws often prioritize biological family over partners without an estate plan. Despite the legality of same-sex marriage, many couples opt not to marry, necessitating these protections. Unsupportive families can complicate matters further, and issues arise with non-biological children in the absence of legal documentation. Estate planning empowers couples to make sure their partners are recognized and protected under the law.

Key Estate Planning Tools for Protecting Partners

There are estate planning tools available for couples who want to protect their partners.
  • Wills and trusts are fundamental tools for unmarried LGBTQ+ couples. A will ensures that assets go to the partner, bypassing family by default.
  • Trusts offer benefits like avoiding probate and maintaining privacy. Naming a partner in a power of attorney is vital for financial decision-making if one becomes incapacitated.
  • Healthcare directives, such as a healthcare proxy or living will, allow a partner to make medical decisions.
  • Updating beneficiary designations on life insurance, retirement accounts, and bank accounts are crucial to reflect the partner as the beneficiary.
  • For couples with children, naming a partner as a guardian is crucial to ensure the children’s welfare and continuity of care.
Each of these tools helps secure the couple's intentions and protects their partnership legally.

Tips and Best Practices

Regularly review and update estate documents after major life changes. Work with an estate planning attorney who understands LGBTQ+ issues. Estate planning is the most effective way to ensure the courts respect your wishes and your partner is protected. Staying proactive helps avoid potential legal challenges and secures your partner’s rights.

Proactive Planning for Unmarried LGBTQ+ Couples

Taking initiative when it comes to estate planning is vital for unmarried LGBTQ+ couples to protect their partners. With the help of a legal professional, you can get personalized advice and ensure the court honors your wishes. Taking these steps safeguards your relationship and provides peace of mind for the future.]]> On Behalf of Messick Law, PLLC <![CDATA[The impact of blended families on trust litigation in Minnesota]]> https://www.messicklaw.com/?p=49213 2025-04-28T15:33:28Z 2025-04-28T15:33:28Z use of a trust is a common tactic employed by those who want to have effective estate plans despite their complicated family circumstances. Blended families can also be the reason that litigation occurs during the trust administration process.

Parents in blended families have much to consider

Children from two different sets of parents and possibly also children born after establishing the blended family all have different needs and forms of support available to them. Parents have to make determinations about what they intend to provide for their pre-existing children, new children and stepchildren before they establish a trust. Frequently, the children themselves may also have established inheritance expectations, which may not have any basis in reality. Those expectations may ultimately lead to estate controversies when one parent dies, possibly followed by trust litigation. Frequently, children from blended families who are trust beneficiaries may take issue with what they perceive as favoritism, possibly because of unequal distributions of resources when comparing the inheritances of biological children with those of stepchildren. Particularly in scenarios where parents are not precise and specific when drafting trust documents, disappointment and misdirected grief might lead to beneficiaries initiating trust litigation. Legal disputes about the contents of the trust or the actions of the trustee can significantly diminish what beneficiaries eventually receive from the trust. Trustees may need to use trust assets to cover the costs of resolving the dispute.

Parents can plan to prevent litigation

Trusts are popular among those starting blended families in part because they are harder to challenge than basic wills. Parents with blended families may need to be very precise and specific as they establish trust documents to diminish the risk of litigation in the future. They may need to discuss their intentions with one another and with an attorney. They likely need to outline their intentions very clearly and thoroughly within trust documents. They may need to explain their intentions to their children and stepchildren. Additionally, they may need to review and modify trust documents when family circumstances change. The estrangement of an adult child or the addition of new children to the family can require adjustments to existing trust documents. Creating a trust and regularly reviewing it to ensure it remains updated can help parents in blended families prevent probate conflicts from damaging the blended family unit. In scenarios where trust litigation is necessary to resolve a dispute, a trustee and the beneficiaries at issue may need support to navigate the matter, and that’s okay.]]> On Behalf of Messick Law, PLLC <![CDATA[Strategies for minimizing taxes on your estate in Minnesota]]> https://www.messicklaw.com/?p=49212 2025-04-18T19:09:20Z 2025-04-18T19:09:20Z A closer look at Minnesota estate taxes In the Land of 10,000 Lakes, estates exceeding a particular value are subject to tax. As of 2023, the estate tax exemption in Minnesota is $3 million. That means only estates above this amount are subject to taxation. Depending on the estate's value, tax rates can range from 13% to 16%. Estate tax exemption amounts remain steady for now. However, it's crucial to stay informed about potential changes in the future. Doing so can help you prepare adequately.

How you can minimize taxes on your estate

A few things you can do include:
  • Taking advantage of annual gift tax exemptions: This can allow you to gift up to $17,000 per recipient annually without incurring taxes. Lifetime gift tax exemptions can also further reduce your taxable estate.
  • Establishing a trust: An irrevocable, bypass, or charitable trust can help manage and reduce your taxable estate. Irrevocable trusts can remove assets from your estate. In contrast, bypass trusts can provide for a surviving spouse without increasing their taxable estate. Charitable trusts can allow you to remove assets from your estate, which can help you reduce both state and federal estate taxes.
  • Business succession planning: If you own a business, transferring ownership interests through strategic planning can minimize tax liabilities and help facilitate a smooth transition to the next owner.
These are just a few examples of what you can do. There may be other things for you to consider based on your circumstances.

You deserve to keep what you have worked for

Effective estate tax planning in Minnesota is essential for preserving wealth for future generations. Minimizing taxes can protect your legacy and keep your assets within your family. A seasoned estate planning professional in Minnesota can help you make appropriate decisions based on your unique situation.]]> On Behalf of Messick Law, PLLC <![CDATA[Digital assets in estate planning: Preserving your digital legacy]]> https://www.messicklaw.com/?p=49188 2024-12-17T19:13:50Z 2024-12-17T19:13:50Z Inventory your digital assets. Digital assets can include a wide range of online accounts and files. These include:
  • Social media accounts: Facebook, Instagram, Twitter, LinkedIn and others
  • Cryptocurrencies and digital wallets: Bitcoin, Ethereum or digital payment platforms like PayPal or Venmo.
  • Online businesses: E-commerce stores, blogs or affiliate accounts.
  • Digital subscriptions: Streaming services, online magazines or subscription-based websites.
  • Email accounts: Important communications and access to different online platforms.
  • Digital files: Photos, videos, music, unpublished manuscripts or work-related documents stored in cloud storage like Google Drive or Dropbox.
Making a comprehensive list of all your digital assets – including user names, passwords and other information – can help you lay the foundation for your plan. Utilize secure methods to store this list, such as encrypted digital vaults, and ensure your executor or a trusted person knows how to access it when needed.

Understand the terms of service.

Different online platforms have varied terms of service regarding what happens to an account after the owner's death. For instance, Facebook allows you to designate a “Legacy Contact” to manage your profile posthumously. Your access to other digital assets may end with your death. Understanding these policies will help you plan accordingly and include specific instructions in your estate plan.

Secure and back up important data.

Some digital assets, like family photos or business documents, are irreplaceable. Make sure to back up this data in multiple locations, such as an external hard drive or a cloud service, and include instructions on how to access these backups in your estate plan.

Speak with an experienced attorney about how to work your digital assets into your estate plan.

Due to the legal complexities surrounding digital assets, consider consulting with an estate planning attorney. They can ensure that your estate plan addresses each piece of your digital legacy in the way that you want. Your attorney can help you outline your wishes for your digital assets in the same way that you outline what you want to happen to your other possessions. You can decide whether to delete certain accounts, memorialize others or transfer valuable assets like domains or cryptocurrency to specific heirs. As our lives become increasingly digital, the need to include digital assets in estate planning becomes more important. By taking steps to secure and bequeath your online presence, you not only protect your digital legacy but also provide clarity and ease for your loved ones who will manage your estate.]]> On Behalf of Messick Law, PLLC <![CDATA[Celebrating Excellence: Awarded Best Civil Litigation Lawyer in MN]]> https://www.messicklaw.com/?p=49186 2024-12-03T21:24:54Z 2024-12-03T21:24:54Z Minnesota's Best. This recognition highlights the firm’s commitment to providing quality legal services and reflects its formidable reputation in the legal community.

A recognized leader in civil litigation

Minnesota’s Best is an audience-driven contest that allows the public to nominate and vote for businesses in over 350 categories. They vet businesses to ensure they meet the standards for their nominated category and serve Minnesota Messick Law’s win in the Civil Litigation category demonstrates its dedication to delivering effective legal solutions and its strong standing in the legal industry.

The importance of having a trusted legal partner

Civil litigation plays a key role in resolving disputes, from contract issues to personal injury claims. The firm offers legal advice in a wide range of civil litigation areas, including business disputes and real estate issues. Their results-driven approach has led to success in many complex cases, providing clients with strategic and reliable legal representation. Messick Law is committed to maintaining high standards of professionalism and client service. The firm continuously works to improve its legal strategies to achieve the best outcomes for clients. They offer personalized attention and maintain a client-focused approach to every case.

Get the legal support you need

Congratulations to Messick Law for their win as the best in civil litigation for 2024. Their commitment continues to make a positive impact on clients across Minnesota. If you need expert civil litigation services in Minnesota, contact Messick Law for a consultation. Find out how they can help you with your legal needs.  ]]>