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Practice Blawg: New QuickBooks Trust Accounting Guide (1 day ago)

Corporate Trustee? Get Thee an Attorney

This just in . . . the probate division of Hennepin County District Court, which at times drives practice in other parts of the state,  has provided notice that it will not allow, in accordance with Minnesota law, a corporate trustee, guardian, administrator or other corporate representative to appear in court or to do “any work in any action”  except through an attorney licensed to practice in Minnesota. The e-mail notice, which came from Registrar Alonna Warns and is also posted on the court’s website with other recent notices,  states:

Effective immediately, the Probate/Mental Health Division of the Fourth Judicial District Court will be uniformly enforcing Minnesota Statute 481.02, Subd. 5. This statute requires corporations appearing before the Court to be represented by an attorney.

Section 481.02, subd. 5, which Warns also provided in part in her notice, states that:

It shall be unlawful for any corporation, appearing as executor, administrator, guardian, trustee, or other representative, to do the legal work in any action, probate proceeding or other proceeding in any court in this state, except through a licensed attorney at law of Minnesota maintaining the attorney’s own place of business and not an officer or employee of such executor, administrator, guardian, trustee, or representative.

Warns directed any questions about the new policy to Steve Bittick, Court Operations Manager,  who can be reached at (612) 348-4107.

Gregory Luce - While blogging for the Practice Blawg, Greg was the Practice Development Director at the Minnesota State Bar Association, where he oversaw development of the association's various member-related online services. A 1993 graduate of the University of Minnesota School of Law, he has been an attorney in private practice, a solo practitioner, and a staff attorney for Legal Aid. He currently works as a consultant and develops products for Lawyerist Media, LLC.

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