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Steven H. Fink

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COVID-19 Virus Concerns Trigger Estate Planning Questions

Do I need a living will or healthcare directive? Should I have a power of attorney in place? Does my will or trust need to be updated? These are some of the questions people are asking in the wake of growing concerns over the COVID-19 outbreak. Changes in the size and nature of your estate, your familial structure and family relations, as well as changes in the law are just few examples of events that can drastically and materially affect an outdated comprehensive estate plan. Under normal circumstances, these concerns are not top of the mind. But a global health...
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Free Estate Planning Seminar

Join us on Thursday, March 14 at 10 am at the Madelia Library for a FREE seminar on estate planning! We will discuss the following topics: Wills Trusts Probate vs. Non-Probate Healthcare Directives Transfer on Death Deeds  Estate Tax Planning Solutions Charitable Gift Planning Medical Assistance Minnesota Farm Estate Tax Exception And More! Refreshments will be provided.  This event is open to the public.  Invite your friends! CALL 507-625-2525 TO RSVP TODAY! See you at the Library on March 14!  

Estate Tax Changes

There have been substantial changes to the Federal estate tax because of recent action by the US Congress. The major change centers on the doubling of the federal estate tax exemption for estate and gift taxes. For 2018, the estate tax exemption has been increased to $11.2 million. However, this increase expires on December 31, 2026 and absent action by Congress, upon expiration, the federal estate tax exemption in effective for 2017 will be reinstated. The doubling of the estate tax exemption will reduce the number of estates that are required to file a Federal 706 estate tax return. Meanwhile,...
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Estate Planning Still Necessary

With the doubling of the Federal estate tax exemption, the number of tax payers required to file a Federal estate tax return will drop substantially. However, estate planning and review of existing plans is important. The most important object of estate planning has always been to provide a thoughtful plan for property distribution, avoiding the arbitrary rules of each state’s intestacy statutes. Minnesota, along with many other states, imposes an estate tax with a far smaller exemption than provided for by the Federal exemption. Many estate plans for married couples routinely used formulas to distribute property between a Marital Trust...
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Witness to History: 1997

This week in 1997 Hale-Bopp, the most viewed comet of the 20th century, crossed Mars’ orbit en route to its closest proximity to Earth later that spring. Also in 1997, Attorney Steve Fink became part of the Farrish Johnson Law Office through a merger with the McLean Peterson Law Firm. Hale-Bopp Comet Hale-Bopp Comet, officially designated C/1995 O1, provided quite the show, being 1,000 times brighter than Halley’s Comet at the time of its discovery. The comet was found independently by two amateur astronomers, Alan Hale in New Mexico and Thomas Bopp in Arizona. Hale-Bopp’s last appearance had been about...
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Changes for Limited Liability Companies

Effective January 1, 2018, significant changes go into effect for limited liability companies organized in the State of Minnesota. The new law brings significant changes to the management and governance of an LLC. If your LLC was organized prior to January 1, 2015 or is not organized under Minnesota Statute 322C, you are likely impacted by this new legislation. If you have questions or concerns about these upcoming legislative changes or for any business law questions, please contact Paul Moosbrugger or Steven Fink. The attorneys at Farrish Johnson Law Office can be reached in our Mankato office at 507-625-2525 and...
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New Minnesota Estate Planning Legislation

The Minnesota legislature recently enacted legislation that impacts estate planning.  Two of the more interesting new laws include: A prohibition of using the location of a taxpayer’s attorney in determining the residency of a tax payer and The tax bill raises Minnesota’s estate tax exemption to $2.1 million for 2017 (retroactive to January 1) and an additional $300,000 each year until it hits $3 million in 2010. Unfortunately, one proposal we closely watched failed to make the cut: Allowing married farm couples to retain agricultural homestead status despite splinting their property into two trusts. If you have questions about this...
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Update! Revocable Trust Reporting

In March, Farrish Johnson Law Office let you know about pending Minnesota legislation regarding revocable trust reporting to the Minnesota Department of Agriculture (find the article here).  Now, Governor Dayton recently signed legislation providing that the trustee of a revocable trust with respect to which either the settlor, the settlor’s spouse, or both, are the primary beneficiaries during the settlor’s lifetime shall not be required to file with the commissioner of the Department of Agriculture a corporate farm application seeking approval to allow the trust to hold agricultural real estate during any period that the trust is revocable. This legislation...
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Join Farrish Johnson at the Mankato 50+ Lifestyle Expo

Attorneys and staff from Farrish Johnson Law Office will be at the Mankato 50+ Lifestyle Expo tomorrow, Tuesday, May 9 from 9am to 2pm at the Verizon Event Center.  Paul Moosbrugger and Steve Fink will be available to answer your questions about estate planning, trusts, wills, probate, tax law, heath care directives, power of attorney and more. Farrish Johnson Law Office offers a comprehensive range of legal services and we look forward to see you at this exciting event!

Revocable Trust Reporting to Minnesota Department of Agriculture

There is legislation  currently working its way through both chambers of the Minnesota legislature that would eliminate the requirement that a revocable trust holding title to agricultural real estate register with the Minnesota Department of Agricultural.  The Minnesota corporate farm statute limits the type of entities that may legally own agricultural real estate.  The statute lists a number of exceptions to the corporate ownership prohibition.    One of these exceptions is farmland held by revocable trust.  Current law requires the trustee of a qualified trust to file an application with the Department of Agriculture for a certificate of compliance.  If approved,...
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