Choosing A Guardian for Your Child | Minnesota Law

Posted on January 13, 2022 by jlawyer

Choosing a Guardian for Your Child

When you think of estate planning, the first thing that comes to your mind might be leaving assets to your children.

Minnesota Guardianship law does a bit more in that you can find someone who can take care of your children when you’re unavailable. Similar to how you can give durable power of attorney to another party, guardianships can be put in place to help you out while you’re still alive.

As a kind of introduction to guardianships for your family, you should think of them as wills for your kids.

Though, it means involving real people not just paper documents. That’s to say that if you don’t have a proper one set into place, a judge will probably have to figure out what’s to be done about the situation. Just as people might be asking where your assets will go, they’ll probably also be asking where your kids will go. Granting guardianship over your kids answers the latter question.

Do Not Let a Judge Choose for You

A judge might have to do it otherwise. That’s the short answer to why picking out a guardian is important for your kids. Say that you and the spouse passed away, leaving a judge to contemplate what’s to be done about your offspring’s welfare. Your choice for a guardian may not even come to the judge’s mind. In almost every estate planning matter, unless you do things the legal way, people might not be able to carry out your plans whatsoever.

If you’re willing to say that something should be done, act on it ahead of time. Your family and friends may not be perfect, but think about who can take care of the children. That’s a huge part. Who has the finances to take care of them, who will raise them to be qualitative individuals, and who will teach them the values that you want them to have are all questions you should contemplate. You may even want to sit down and plan things out.

Backup to a Guardian for Your Child

The person you name as your children’s guardian probably wants your input if they plan on raising your kids just as you intend. That kind of conversation isn’t one that you can summarize in a one-page document and leave them to figure out the rest. Values, expectations, parenting techniques, and college hopes could all be on the table. You’re really finding your children’s next parent here.

They might not become your life partner or adopt the kids, but that doesn’t mean that they won’t make any impact on their lives. Whoever you designate to be their guardian might end up making serious medical decisions for your kids. As far as you’re concerned, treat this like you would treat an adoption, save that you’re not the one adopting. You’re not losing your kids. You’re not forfeiting your rights as a parent. You’re setting up backup for when you can no longer be there for them.

Military Families

Military families face hardships just like any other families. Though, sometimes those hardships come in the form of a parent being stationed away while their child needs them the most. Having a primary and alternative guardian live near your family can make things safer, ensuring that someone can be there in case medical emergencies happen on either side. Life isn’t always ice cream and cake. And the fact is that you can’t always be there to be their hero.

You might want them help provide education for your children. You might want them to fill in the parental role when you’re on tour. Whatever you want your children’s guardian to be has got to be voiced while you still can. It’s time to deal with the reality that you may fall outside of or during combat. Leaving them a fortune is one thing, but leaving them a flesh and blood human being is a whole new level.

Single Parent Household

Being a single mom or dad takes a lot of work. Maybe you just became a single parent due to the loss of your partner. The situation matters little compared to how you handle it. What matters is having someone for them. The sad thing is that you might be the only one to be there for them. Selecting a guardian might be the best option for you and your kids. Unlike dating, there doesn’t need to be any roses or movie nights.

If you’ve been doing this for a while, you probably know how much time that you need to dedicate to your family and good on you for it. However, it’s possible you could become incapacitated, be called away for duty, have to visit a sick relative in another state, or want to see your favorite band in another country. Death is not the only time in which you may want a guardian to be there for your kids. Give them a more stable life by helping bring someone new into their reality.

Minnesota Guardianship Lawyers

Finding a guardian might not be your problem. Perhaps your kids’ uncles and aunts are leaping at the chance. Working out the legal details and jargon is another thing. That’s why you may want a guardianship lawyer from Flanders Law Firm LLC. You can grab a free quote at 612-424-0398 before you begin and go from there.

Don’t worry about getting your kids involved unless you feel they might want to have say in the mater. This isn’t putting them up for adoption. This is helping ensure that they can have a better tomorrow. If you really feel pressured to give your children a home with two parents, guarantee that at least one person will be there when you can’t be.

Minnesota Probate | Making Distributions to Minor Heirs

Posted on February 6, 2019 by jlawyer

Our office has often been asked this questions: how do I give money, from an estate, to a minor?

The answer is that it is complicated. Like most legal problems. Let’s look at the solution.

Minor Heirs

Minnesota law tells us that a “minor” is a person under the age of 18 years. When a minor is to receive or is entitled to a distribution of property from an estate, a court of law may order that the personal representative (executor) of the estate deposit all of the money, or a part of the money, into some kind of account for the benefit of the minor. When that minor reaches the age of 18 years, typically, the minor will then receive that money.

The court can require deposit into a savings account, savings certificate or other certificate of deposit in a bank, or to invest it in U.S. savings bonds. Minnesota Statute 524.3-915(b) is the law on this issue.

Currently, the court can also order that up to $2,000.00 in estate property be paid to the minor’s parents, custodian, or other guardian with whom the minor is living, to be used for the benefit of the minor.

Uniform Transfer to Minors Act

If a Will or Trust says that it is allowed, the personal representative, may transfer money to a custodian of a minor. That custodian is to use the money the minor would otherwise receive, by placing it into a savings or other qualified account on behalf of the minor. The Act is codified under Minnesota Statute 527.25.

If there is no Will, the custodian can still transfer property belonging to the minor as long as the dictates of Minnesota law are followed.

If a personal representative believes, in good faith, that the transfer is necessary, and it is not prohibited by a Will, Trust, or other testamentary document, the personal representative is allowed to do it. Minnesota Statute 524.26(c).

Finally, if the transfer is less than $10,000.00, the personal representative does not need to seek approval from the court.

Appointment of a Guardian or Conservator

When we have dealt with transfers to minors in Minnesota probates, we often work with a court-appointed Guardian and/or Conservator. We have discussed Minnesota Conservator issues in other articles.

In brief, a court can appoint someone the Guardian/Conservator of a minor shortly after a parents death under Minnesota Statute 524.5-201. This process is often not known by many practicing attorney; however, it is certainly one that should be looked-into. The benefit of this statutory process, is a court can appoint a Guardian, ex parte, immediately and without court hearing. The benefits to such an Order are many. Often, when a parent dies, things can be a financial mess. Furthermore, the child might need an immediate care-giver. Therefore, Minnesota law has developed an “expiated” process to resolve the mess. If you have questions about this process, you should speak with a qualified guardian and/or conservatorship lawyer.

Minnesota Probate Lawyers

Joseph M. Flanders and Flanders Law Firm LLC have years of experience dealing with estate issues and transfer to minors. The process can be very confusing and people are often grieving for a loved-one who has just died. Mr. Flanders is a compassionate advocate for people in need and he wants to help them. For a free initial consultation, please call the firm at 612-424-0398.

Minnesota Guardianship | What is a legal guardian?

Posted on January 16, 2017 by jlawyer

Guardianship in Minnesota

In certain situations, a court may appoint a person to make personal decisions for a person incapable of making their own personal decisions. These people are known as guardians and their position is naturally, referred to as a Minnesota guardianship. They provide a valuable service. This article intends to define a guardian, their duties, what they can do on behalf of a person, and what the limitations are.

Guardians Roles in Minnesota

There are different types of guardian roles within Minnesota, depending on what service the guardian is providing. The definition of guardian in Minnesota is “a person who has qualified as a guardian of a minor or incapacitated person pursuant to appointment by a parent or spouse, or by the court . . . .”Minn. Stat. § 524.5-102 subd. 5. A guardian makes personal decision on behalf a ward – generally thought to be the incapacitated person. Minn. Stat. § 524.102 subd. 17. Another type of guardian is a conservator. A conservator relates more to estate planning. Minnesota statutes defines conservator as a person who manages a protected person’s estate. Minn. Stat. § 524.5-102 subd. 3.

The court imposes certain procedural requirements upon a guardian. For example, the guardian must submit what is known as a Personal Well Being Report to the Court on the ward’s health, mood, recovery, or other matters. Minn. Stat. § 524.5-316 (a). Similarly, although the guardian may generally make decisions regarding the ward’s assets, he or she must provide at least ten days notice to the ward before doing so. Min Stat. § 524.5.313(c)(3).

Law on Guardians in Minnesota

In re Guardianship of Jeffrey DeYoung, 801 N.W.2d 211 (Minn. Ct. App. 2011) provides an overview of the guardian’s duties. The mother appealed the district court’s refusal to remove the guardian in charge of her adult son, who was severely disabled. Id. at 212. The ward’s father and the guardian opposed the proposed removal. Id. at 213. In addition, the mother sought to assume the guardian role upon removal of the ward’s current guardian. Id.

Evidence indicated the guardian restricted the mother’s visitation time after observing possible abuse of the ward. Id. The mother’s primary contention was that the guardian, in placing the ward in a supervised home designed for disabled people, improperly delegated her duty as a guardian third parties. Id. at 217–18.

The Court of Appeals agreed. First, the Court of Appeals noted Minnesota prevents “any individual of agency which provides residence, custodial care . . .or other care or service for which they receive a fee.” Id. at 217 (citing Minn. Stat. § 524.5-309 (2010)). Because a guardian enjoys duties and power given it to it by the judicial branch, a guardian cannot delegate powers to a third person. Id. Although the guardian may adopt recommendations from health care professionals or other experts, the guardian cannot completely delegate their authority. Id. at 218.

In re DeYoung provides a nice distinction on the guardian’s duties to a disabled in healthcare, financial, or other matters. They may obtain information from third parties regarding appropriate courses of action, but they may not wholly delegate the duties of a guardianship to another person.

Minnesota Guardianship Lawyers

Contact Flanders Law Firm LLC today for your free initial consultation on legal guardianship in Minnesota. We are happy to answer any questions you may have. Call the attorneys at 612-424-0398.

Distributions to a Minor Child | Minnesota Probate

Posted on September 23, 2016 by jlawyer

Distributions to a Minor Child

Many people who contact the law firm have very specific questions about distributions to a minor child in a Minnesota probate. We are drafting this article to provide information that you can use in our particular situation.

The most common occurrence of when distributions need to be made to a minor child is when the child’s parent suddenly dies. This tragic circumstance often creates confusion around what the deceased person’s minor child will receive from the deceased person’s estate. This article will discuss probate law and how the law deals with inheritances of a minor through the probate process. There are other instances (or simultaneous instances) when a guardianship and/or conservatorship for the minor child may also need to be discussed.

Minnesota Probate Law

If a personal representative is required to give money or personal property to a minor child pursuant to deceased person’s will or the law of intestacy (without a Will) the distribution can be accomplished by transferring an amount not exceeding $5,000 per year to:

the conservator for the minor child
a person who has the care or custody of the minor and with whom the minor child lives with
a guardian of the minor

There are other instances in which the personal representative can distribute money to a financial institution or custodian under the Uniform Transfers to Minor Act. That act will not be discussed in this article.

Appointment of a Guardian and/or Conservator

Minnesota law makes a distinction between (1) the guardian of the “person” of a minor and (2) the conservator of the “estate” of the minor. The “person” is the health and welfare of the minor. The “estate” is the personal property and/or money belonging to the minor.

For purposes of distribution of assets from a probate estate, the personal representative may need only accomplish the appointment of a conservator. Specifically, Minnesota statutes 524.5-402 through 524.5-409 provide the information on how to set up a conservatorship for a minor. Additionally, the “venue” for a conservatorship for a minor is the county where the minor resides, or, if the minor does not reside in the state, any county where the property is located.

Minnesota statute 524.5-401 sets for the information which is required to be in a Petition for the appointment of a conservator. The petitioner is the proposed Conservator. This person may also be the same person who is the personal representative of the estate. The petition should contain the following information:

the minor’s name, age, and place of residence
the name and address of the minor’s parents and adult brothers and sisters
the name and address of any legal representative of the minor
a general statement of the minor’s property and an estimate of value
the reason that the conservatorship is in the best interest of the minor
the name and address of any proposed conservator and the reason why that person should be selected
the type of conservatorship which is requested – a limited or an “unlimited” conservatorship

The above information is simply what the statute requires. Other information may be required depending on the specific facts of the case. An experienced probate attorney should be consulted for specific questions.

Free Initial Consultations

Contact the Flanders Law Firm today. The firm offers free consultations to all potential clients. Call (612) 424-0398.