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.
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