Peace of Mind Planning with Yanowitz Law Firm

You’ve probably seen the term per stirpes in an estate plan and wondered what it actually means. In this episode, we break down this common but confusing distribution method in plain English, no Latin degree required. You’ll learn how assets are divided among children and grandchildren when someone passes away and why per stirpes is one of the most widely used approaches.

We also compare per stirpes with another method called per capita by generation. Through clear examples, we explain how these two approaches can lead to very different outcomes for families, especially when a child has passed away but grandchildren remain. Understanding the difference is key to making sure your assets are distributed the way you truly intend.

If you want clarity and confidence about how your estate will be divided, this episode is a must listen. Follow the show for more easy to understand estate planning insights and take the next step toward creating a plan that reflects your wishes and protects your family.

Transfer on death deeds and beneficiary designations are powerful tools, but they can dramatically change how your estate plan actually works. In this episode, we explain what transfer on death deeds are, how they operate, and why they often override the instructions in your will or trust, sometimes without people realizing it.

You’ll learn how assets like real estate, bank accounts, and investment accounts pass outside of your estate when they have joint owners or named beneficiaries. We also discuss common scenarios where these tools can unintentionally create unequal distributions among children or completely defeat the balance your estate plan was designed to achieve.

If you’ve added a transfer on death deed or beneficiary designation after completing your estate plan, this episode is a must listen. Follow the show for more estate planning insights and take the next step to make sure every part of your plan is working together the way you intended.

Many business owners are surprised to learn that their business interests can force their estate into probate. In this episode, we explain when probate is required in Minnesota and why it’s often something families try to avoid due to cost, delays, and public court filings.

We walk through the most common ways businesses trigger probate, including sole owner businesses, single member LLCs, and improperly titled business assets. You’ll learn how missing instructions, outdated operating agreements, or assets held in an individual name instead of a business entity can cause business interests to fall into an estate and require court involvement.

Finally, we discuss why reviewing operating agreements, ownership structure, and beneficiary planning is critical for business owners. With proper planning, business assets can pass smoothly to a spouse, trust, or surviving owners without unnecessary probate. Follow the show for more estate and business planning insights and take steps now to protect your business and your family from avoidable complications.

Once a child turns 18, they are legally an adult, even if they’re still relying on their parents for guidance and support. In this episode, we explain why that legal shift makes healthcare directives and powers of attorney essential for college aged children and young adults.

You’ll learn how a healthcare directive allows someone to step in and make medical decisions if a young adult can’t speak for themselves, and how a power of attorney covers important non medical matters like banking, insurance, and other financial decisions. Without these documents, parents may be unable to help during an emergency, even if the situation feels urgent and obvious.

Putting these documents in place is a simple but powerful way to protect your family and avoid unnecessary roadblocks during stressful moments. Follow the show for more practical estate planning guidance and take action now to make sure your young adult is covered when it matters most.

Many people are surprised to learn their estate plan includes two different powers of attorney. In this episode, we explain why both documents are used and how they work together. Think of them as overlapping tools, each designed to handle different situations and provide flexibility when you need it most.

We break down the role of the statutory power of attorney, why banks are comfortable with it, and where its limitations come into play. You’ll also learn why an additional ultra durable power of attorney is often necessary, especially for broader gifting authority, estate tax planning, medical assistance planning, and accessing digital accounts like online banking or email.

Understanding these documents helps ensure the right person can act on your behalf without unnecessary roadblocks. Follow the show for more clear explanations of essential estate planning tools and take the next step toward building a plan that truly works when it matters most.

Today, estate planning is more accessible than ever, with online forms, general practice attorneys, and financial advisors all offering solutions. In this episode, we explore the different ways people create estate plans and why choosing the right approach matters. You’ll hear why estate planning is often compared to do it yourself home repairs, and where that comparison falls short.

Unlike a bad home repair, a poorly prepared estate plan doesn’t show problems right away. Issues often surface only after death or incapacity, when it’s too late to fix them. We explain why estate planning is high stakes work, involving taxes, asset transfers, and decision making authority, and how a well designed plan can save families significant time, money, and stress.

A thoughtful estate plan is not just for you, it’s a gift to your loved ones. It can reduce confusion, minimize expenses, and bring peace of mind during an already difficult time. Follow the show for more estate planning insights, and take the next step toward protecting your family by working with experienced professionals who focus on getting it right.

Easements play a major role in how property can be used, but many owners are unclear on what they actually mean. In this episode, we break down what an easement is, why it exists, and how it allows someone else to use property they do not own. From access to waterfronts and driveways to utilities and shared resources, you’ll learn the most common types of easements and how they function.

We also explore how easements can be customized with specific terms, including limits on use, maintenance responsibilities, payment obligations, and whether the easement runs with the land for future owners. You’ll hear about both affirmative easements that allow use and negative easements that restrict how property can be developed, such as conservation easements or height restrictions that protect views.

Finally, we explain prescriptive easements and how long term, open use of property can sometimes create legal rights even without written permission. These situations can become complicated quickly and often lead to disputes if not addressed early. Follow the show for more real estate and estate planning insights and take the next step toward protecting your property rights with informed planning.

Leaving money to a minor child is common in estate planning, but doing it the wrong way can create expensive and unnecessary court involvement. In this episode, we explain why you should never name a minor child directly as a beneficiary and what can happen if you do.

We break down the difference between planning for large inheritances versus smaller, nominal gifts. You’ll learn when a trust makes sense and why Minnesota’s Uniform Transfers to Minors Act, often called UTMA, is usually the best solution for modest amounts. We explain how UTMA designations work, who manages the funds, and when the child ultimately gains control.

If you want to leave a meaningful gift to a minor without creating complications for your family, this episode will help you do it correctly. Follow the show for more estate planning guidance and take the next step to ensure your plan works exactly as intended.

Divorce is a major life event that can dramatically affect your estate plan, often in ways people don’t realize. In this episode, we explain what happens to wills and trusts after a divorce and how Minnesota law automatically treats references to a former spouse. You’ll learn why, even though the law may remove an ex spouse in certain situations, relying on default rules can still create unintended outcomes.

We also discuss why it’s critical to review the structure of your estate plan after a divorce. Many plans created during marriage include provisions designed specifically for spouses, such as marital trusts and tax planning strategies, that may no longer make sense once the marriage ends. Leaving these provisions untouched can complicate administration and undermine your goals.

Finally, we highlight one of the most commonly overlooked steps after divorce: updating beneficiary designations. Retirement accounts, life insurance, and other financial assets often pass outside of your will or trust and may still name a former spouse unless you take action. If you’ve gone through a divorce or a major life change, follow the show and take the next step to ensure your estate plan truly reflects your current wishes.

Creating an estate plan is only part of the process. In this episode, we discuss what information you should share with your family once your documents are signed. You’ll learn why it’s essential to communicate with the people named in your plan, such as trustees, powers of attorney, and healthcare agents, so they know their roles and where to find important documents.

We also cover practical details that can save your loved ones time and stress, including sharing a clear picture of your assets, the professionals you work with, and any strong wishes you have around medical care, finances, or end-of-life preferences. Clear communication now can prevent confusion and conflict later.

Finally, we explore when and why it may be helpful to talk with your broader family about inheritance decisions, sentimental items, pets, and past financial support. These conversations can bring clarity and peace of mind for everyone involved. Follow the show for more estate planning guidance and take steps today to make your plan easier for the people you care about most.