practicelaw.org staff continue to add new resources and update old resources. To wit:

The County Contacts list for medical assistance was updated in January, thanks to Greg Lulic at the Minnesota Department of Human Services. The list was originally posted in June 2009 and updated in 2010. Users can quickly navigate to the county in question, find the name and contact information for the person(s) in charge of clearance certificates.  Of course, lists such as these are moving targets, but we do our best to get them updated periodically. If you see something needing correction, let us know.

New and Updated UCBs and ECBs were posted in January

• New Form 50.3.1 – Certificate of Translation (Minn. Stat. 507.46)
• New Form 50.3.2 – Affidavit Regarding Farm Disposal of Solid Waste (Minn. Stat. 17.135)
• Amended Form 40.5.1 – Receipt and Waiver of Mechanic’s Lien Rights
• Amended Form 40.6.1 – Notice of Lis Pendens
• Amended Form 40.6.2  Notice of Lis Pendens Foreclosure of Mechanic’s Lien

New Federal Tax Committee Updates were posted each month thanks to the MSBA’s Probate & Trust Law Section.

Coming soon – We are working on a set of organizational business forms which will be posted in phases starting in March. Staff have also been working on additional Jump Start At-A-Glance resources, primarily mind maps which visually depict an overview of an issue or area of law. Last Friday we posted on the solo small list serv to solicit member donations of checklists as they have proven to be a popular resource. Lastly we are in the process of reviewing practicelaw’s family law resources.

If you have suggestions, comments, donations please let us know.

© Nancy Hupp for Practice Blawg, 2012. | Permalink | No comments yet | Add to del.icio.us
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Effective tomorrow, December 1, the Fourth Judicial District Court (Hennepin County) has new requirements for all* proposed guardians and conservators to:

1. watch a new Guardianship/Conservatorship Educational video before they appear at their initial hearings; and
2. file a modified version of the Acceptance of Appointment form, which states that they watched the video and understand the duties and responsibilities for which they seek appointment.

The video was created to help educate, inform, and prepare proposed guardians and conservators about their duties and responsibilities. The goal is to reduce  the number of successor petitions filed with the court where the appointed guardian or conservator is not able to fulfill their duties and responsibilities. Letters of appointment will not  issue until the proposed guardian or conservator has watched the video and filed the Hennepin County-specific Acceptance of Appointment form with the court. For more information, see the Announcement.

As detailed in a previous post, we have just reviewed and revised the Guardianship and Conservatorship form sets on practicelaw. Today we also added new Acceptance of Appointment forms for use in Hennepin County. These forms include reference to the required videos. The forms specific to Hennepin County have “H” at the end of the form number.

*Editorial note: The new requirements do not apply to the proposed guardian of a minor.

© Nancy Hupp for Practice Blawg, 2011. | Permalink | No comments yet | Add to del.icio.us
Post tags: conservatorship, guardianship

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The Uniform Conveyancing Blank Task Force drafted and approved a couple of new and revised Uniform Conveyancing Blanks (UCBs). An Affidavit of Trustee Regarding Certificate of Trust or Trust Instrument for Business Entity Trustee Minn. Stat. Section 501B.57 is now posted on the site (UCB 90.1.4). In addition, non-substantive tweaks were made to the Quit Claim Deed Reserving Lien in Marriage Dissolution (Divorce) Judgment and Decree (UCB 10.3.7), Certificate of Trust for Business Entity Trustee Minn. Stat.  Section 501B.56 (UCB 90.1.2), and Affidavit of Trustee Regarding Testamentary Trust Minn. Stat. Section 501B.57 (UCB 90.1.5).(...)
Read the rest of 2010 (403 words)

© Nancy Hupp for Practice Blawg, 2010. | Permalink | One comment | Add to del.icio.us
Post tags: Developments, mndocs, practicelaw, Updates

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Minnesota’s TODD legislation provides that a “Grantor Owner” may execute and record a TODD which then transfers title to the grantee upon the death of the Grantor Owner. Title is not marketable, however, until the grantee records certain documents, including a Certificate of Clearance showing that the property is free from medical assistance claims and liens. To promote a quicker turnaround from the county, a practitioner may submit a partially-completed Clearance Certificate along with the application. County personnel then complete the Certificate and return it, so it can be recorded.(...)
Read the rest of TODD Clearance Certificate (75 words)

© Nancy Hupp for Practice Blawg, 2009. | Permalink | One comment | Add to del.icio.us
Post tags: Medical Assistance, TODD, UCB

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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 for Practice Blawg, 2009. | Permalink | No comments yet | Add to del.icio.us
Post tags: Corporate, Pro Se, Unauthorized Practice

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