Planning For Life Transitions

Estate & Trusts Law is a natural fit for our family law and adoption practice. Significant life transitions such as the birth or adoption of a child, marriage or divorce, or the passing of a loved one, remind us that estate plan documents such as a will, may need to be updated, or new documents drafted following these events or at the conclusion of some legal proceedings.

Even during legal proceedings such as divorce, custody, or financial support matters, it may be important to complete critical documents upfront, such as a Power of Attorney or Healthcare Directive, in the event of your incapacitation during the proceedings.   These documents can later supplement other important documents such as a will or trust.

Knowing that you have a plan in place brings peace of mind in the present and is a gift to your loved ones.

Updating your Will or trust documents following a significant life event, such as the birth of a child, is very important. Maybe even more so after a life event, such as marriage or divorce.
 

A thoughtful estate plan will ensure that your wishes are clearly stated, and your interest and assets are protected. 

 

Taking action now gives you the opportunity to control who is appointed to step in on your behalf, such as a power of attorney or healthcare agent, if you are incapacitated, even for a short period of time, which we have witnessed firsthand during the Covid pandemic.

  • Your care in the event of incapacitation
  • The care of minor children
  • Avoiding the need to probate your estate through the courts
  • Prevention of unintended beneficiaries
  • The distribution of assets
  • Tax implications
  • Avoiding disputes within the family
  • Cabin planning
  • Gifting of personal property
  • Charity designations
  • Estate and gift tax planning
  • Planning for children

Having the benefit of time is a gift, not only in life but when considering your estate plan.  Time allows you to plan well in advance, allowing you to be more strategic in utilizing options that may allow you to implement ideas such as asset transfers, healthcare directives, and power of attorney.  All of these, and other considerations, not only reduce the decision-making burden on loved ones, but may also minimize tax liability or assets.

 

Have any of these changes occurred in your life since you executed your will or trust? If so, we recommend updating your estate plan documents as soon as possible. In some cases, your existing will or trust may be invalidated by certain life events.

  • Have you married or divorced?
  • Have relatives or other beneficiaries for the executor died or has your relationship with them change substantially and no provision been made in your will or trust for this contingency?
  • Has the mental or physical condition of any of your relatives are other beneficiaries or your executor changed substantially?
  • Have you had more children or grandchildren, or have children gone to college or moved out of your home?
  • Have you moved to another state?
  • Have you bought, sold, or mortgaged a business or real estate?
  • Have you acquired major assets (car, home, bank account)?
  • Have your business or financial circumstances changed significantly (estate sales pension salary ownership)?
  • Has Minnesota state law (or have federal tax laws) changed to affect your tax in estate planning?

If you update your estate plan, we recommend that you also update your final instructions and will with the addresses and phone numbers of beneficiaries, trustees, executors, and others mentioned in estate planning documents.

Knowing that you have planned for the inevitable brings peace of mind. Taking care of your business is a gift to your loved ones who will not have to go through the rigors of probate or try to determine what your wishes might have been about the care of your children, distribution of assets, or district division of property. Furthermore, you can decide, ahead of time, wishes for charitable gifting, legacy planning, business succession, and designation of personal artifacts. Our experienced attorneys will walk you through all the possible considerations.

Minor & Young Adult Care Packages

Minor Children & Young Adults
2022 Grads

Estate Planning Packages

Consultation is No Charge

Probate & Estate Administration Fees

All Minnesota Counties

Hourly Fee Services

Nuptial & Marital Agreements, Business Entity & Succession Planning, Guardianship & Conservatorship, Deed & Title

Baker Vicchiollo Law

Helping People Move Forward

Lori L. Paul

ATTORNEY

Since 2004, Lori has been helping individuals and families achieve peace of mind through drafting and implementing legal documents to establish how their medical and financial affairs will be handled upon their death or incapacitation.  She assists seniors and people with disabilities in health care and long-term care planning, guardianship, retirement, Social Security, and Medicare/Medicaid planning.  Additionally, she assists entrepreneurs and business owners through all stages from starting a business, to buying or selling a business, contract negotiations, or drafting and reviewing deed, lease, or title documents.  She has conducted over 50 seminars on estate planning and probate since 2010.

At Children’s Hospital, Lori serves as the primary legal advisor to senior leadership and management for IT, real estate, research, and Foundation groups. She completes a wide variety of complex transactional work including contract drafting, negotiations, conducting legal research and regulatory review, and crafting risk assessments.  Also included in her practice are the drafting and negotiation of real estate leases, letters of intent, purchase agreements, event, and professional services agreements, independent contractor agreements, and SaaS, hardware, and software agreements. Lori also advises on compliance and security matters pertaining to third-party technology vendors and develops best practices for addressing potential legal and business risks.

Jolene D. Baker Vicchiollo

Principal Attorney & Founder

Jolene is the founder and principal attorney at the law firm of Baker Vicchiollo Law located in Edina Minnesota, representing individuals and families in matters of divorce, child support, custody, property division, nonmarital claims, and parenting time, as well as estate planning, nuptial agreements, adoption, paternity, and grandparent rights. Admitted to practice in Minnesota since 1999, and in private practice for the past 23 years, Jolene has extensive experience in district courts throughout metropolitan counties, establishing a highly regarded practice in litigation, alternative dispute resolution, and collaborative divorce.

Jolene teaches family law as a member of the adjunct faculty at the University of St. Thomas School of Law in Minneapolis.

Planning For Life Transitions

Estate & Trusts Law is a natural fit for our family law and adoption practice. Significant life transitions such as the birth or adoption of a child, marriage or divorce, or the passing of a loved one, remind us that estate plan documents such as a will, may need to be updated, or new documents drafted following these events or at the conclusion of some legal proceedings.

Even during legal proceedings such as divorce, custody, or financial support matters, it may be important to complete critical documents upfront, such as a Power of Attorney or Healthcare Directive, in the event of your incapacitation during the proceedings.   These documents can later supplement other important documents such as a will or trust.

Knowing that you have a plan in place brings peace of mind in the present and is a gift to your loved ones.

BUSINESS

BUSINESS

Business formation and succession planning.

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ESTATE PLANNING

ESTATE PLANNING

The facilitated process to determine the documents necessary to convey your wishes based on your objectives, property, assets, and family.

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ESTATE ADMINISTRATION

ESTATE ADMINISTRATION

Tasks completed by the personal representative, executor, or trustee to settle an estate such as paying creditors, identifying and distributing assets, filing taxes, etcetera.

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GUARDIANSHIP & CONSERVATORSHIP

GUARDIANSHIP & CONSERVATORSHIP

A guardian makes decisions regarding shelter, education, food, and medical care for a minor child. A conservator is appointed to make financial decisions for a protected person.

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PRENUPTIAL & MARITAL AGREEMENT

PRENUPTIAL & MARITAL AGREEMENT

Agreements addressing the rights of parties and the handling of income, assets and debts in the event of divorce.

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PROBATE

PROBATE

Court process to ensure that an estate is properly settled and all property is distributed to beneficiaries.

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Packages & Fees

Minor & Young Adult Care Packages

Minor Children & Young Adults
2022 Grads

Estate Planning Packages

Consultation is No Charge

Probate & Estate Administration Fees

Minnesota Counties

Hourly Fee Services

Nuptial & Marital Agreements, Business Entity & Succession Planning, Guardianship & Conservatorship, Deed & Title

 

LORI L. PAUL

Since 2004, Lori has been helping individuals and families achieve peace of mind through drafting and implementing legal documents to establish how their medical and financial affairs will be handled upon their death or incapacitation.  She assists seniors and people with disabilities in health care and long-term care planning, guardianship, retirement, Social Security, and Medicare/Medicaid planning.  Additionally, she assists entrepreneurs and business owners through all stages from starting a business, to buying or selling a business, contract negotiations, or drafting and reviewing deed, lease, or title documents.  She has conducted over 50 seminars on estate planning and probate since 2010.

At Children’s Hospital, Lori serves as the primary legal advisor to senior leadership and management for IT, real estate, research, and Foundation groups. She completes a wide variety of complex transactional work including contract drafting, negotiations, conducting legal research and regulatory review, and crafting risk assessments.  Also included in her practice are the drafting and negotiation of real estate leases, letters of intent, purchase agreements, event, and professional services agreements, independent contractor agreements, and SaaS, hardware, and software agreements. Lori also advises on compliance and security matters pertaining to third-party technology vendors and develops best practices for addressing potential legal and business risks.

 

JOLENE D. BAKER VICCHIOLLO

Jolene is the founder and principal attorney at the law firm of Baker Vicchiollo Law located in Edina Minnesota, representing individuals and families in matters of divorce, child support, custody, property division, nonmarital claims, and parenting time, as well as estate planning, nuptial agreements, adoption, paternity, and grandparent rights. Admitted to practice in Minnesota since 1999, and in private practice for the past 23 years, Jolene has extensive experience in district courts throughout metropolitan counties, establishing a highly regarded practice in litigation, alternative dispute resolution, and collaborative divorce.

Jolene teaches family law as a member of the adjunct faculty at the University of St. Thomas School of Law in Minneapolis.

More About Us

Baker Vicchiollo Law

Helping People Move Forward

Adoption

Minnesota Domestic & Stepparent

Family Law

Divorce, Parenting & Support

Updating your Will or trust documents following a significant life event, such as the birth of a child, is very important. Maybe even more so after a life event, such as marriage or divorce.
 

A thoughtful estate plan will ensure that your wishes are clearly stated, and your interest and assets are protected. 

 

Taking action now gives you the opportunity to control who is appointed to step in on your behalf, such as a power of attorney or healthcare agent, if you are incapacitated, even for a short period of time, which we have witnessed firsthand during the Covid pandemic.

  • Your care in the event of incapacitation
  • The care of minor children
  • Avoiding the need to probate your estate through the courts
  • Prevention of unintended beneficiaries
  • The distribution of assets
  • Tax implications
  • Avoiding disputes within the family
  • Cabin planning
  • Gifting of personal property
  • Charity designations
  • Estate and gift tax planning
  • Planning for children

Having the benefit of time is a gift, not only in life but when considering your estate plan.  Time allows you to plan well in advance, allowing you to be more strategic in utilizing options that may allow you to implement ideas such as asset transfers, healthcare directives, and power of attorney.  All of these, and other considerations, not only reduce the decision-making burden on loved ones, but may also minimize tax liability or assets.

 

Have any of these changes occurred in your life since you executed your will or trust? If so, we recommend updating your estate plan documents as soon as possible. In some cases, your existing will or trust may be invalidated by certain life events.

  • Have you married or divorced?
  • Have relatives or other beneficiaries for the executor died or has your relationship with them change substantially and no provision been made in your will or trust for this contingency?
  • Has the mental or physical condition of any of your relatives are other beneficiaries or your executor changed substantially?
  • Have you had more children or grandchildren, or have children gone to college or moved out of your home?
  • Have you moved to another state?
  • Have you bought, sold, or mortgaged a business or real estate?
  • Have you acquired major assets (car, home, bank account)?
  • Have your business or financial circumstances changed significantly (estate sales pension salary ownership)?
  • Has Minnesota state law (or have federal tax laws) changed to affect your tax in estate planning?

If you update your estate plan, we recommend that you also update your final instructions and will with the addresses and phone numbers of beneficiaries, trustees, executors, and others mentioned in estate planning documents.

Knowing that you have planned for the inevitable brings peace of mind. Taking care of your business is a gift to your loved ones who will not have to go through the rigors of probate or try to determine what your wishes might have been about the care of your children, distribution of assets, or district division of property. Furthermore, you can decide, ahead of time, wishes for charitable gifting, legacy planning, business succession, and designation of personal artifacts. Our experienced attorneys will walk you through all the possible considerations.

Inquire or schedule consultation

Business

Business Formation

Establishing a closely held business entity during the estate planning process is one strategy to formalize business interests and to establish a plan for how the business is to be handled upon your death, and in some cases, even before your death.  For example, establishing a LLC (limited liability company) for rental or vacation property to address day-to-day management, and operating procedures, or to mitigate liability; but also as a strategy to address how the property will be passed on to future generations.  Baker Vicchiollo Law can advise on the use of this strategy, review business entity options, and facilitate the process of creating the business entity.  Equally as important is then incorporating the business entity into estate planning documents to solidify your wishes.

Business Succession Planning

Incorporating business succession planning into the estate planning process is essential for business owners.  Planning for what will happen to your business upon your retirement or death can address how the business will be managed, who will own it, and whether or not it will be sold or continue.  Business succession planning facilitates decision-making around these issues to ease the impact of a transition, which can be especially complicated because of the relationships and emotions involved in a closely-held or family business. Additionally, business succession planning can include strategies to minimize tax implications as well as strategies to limit liability.

Estate Planning

WILL

A will or estate plan conveys your wishes for who will care for your minor children and how your money, property, and personal belongings will be distributed after your death or incapacitation. Reviewing your estate plan regularly is crucial as laws change and as life situations change.

ESTATE & GIFT TAX PLANNING

Gifting assets to others can be a valuable tool in estate planning and can help reduce your taxable estate.

In Minnesota, gifting may eliminate the need to probate your estate by making a small estate even smaller; and may allow you to transfer tax obligations to your children who may be in a lower tax bracket, provide for a favorite charity or provide help to others.

By giving assets away before you die, you also get to see the recipient enjoy your generosity.

REVOCABLE & IRREVOCABLE TRUST

Establishing a trust allows for more specific instructions on how you want assets, or a specific asset, managed and/or distributed, and some trusts can even be implemented before death.  Depending on your situation and wishes, there are several types of trust to consider: contingent will trust, revocable trust, irrevocable trust, charitable trust, special needs trust, and more.

BENEFICIARY PLANNING

Creating or updating beneficiaries on plans such as life insurance, IRAs, and 401(k)s

HEALTHCARE DIRECTIVE

Healthcare agents, Living Will, Do Not Resuscitate Order, Medical Power of Attorney, Physician Order, are directives that some people also consider at the time of establishing a will, but may also be added as components later.  Understanding each directive and its implications is important so that decisions can be made in a timely and planful manner.

POWER OF ATTORNEY

Designating someone who can legally act on your behalf can be customized to fit various situations, duration, and conditions.  Clearly stating the range of authority is important as is knowing when and how to revoke the authority.  Contact our firm to execute the proper documents customized to your specific circumstances or to revoke current authorizations.

Estate Administration

MANAGING THE ESTATE

A personal representative, executor, or trustee is nominated in a person’s will or trust documents or, if not, will be appointed by the court to manage (estate administration) the estate following the person’s death. Nominated or appointed representative(s) may be an individual or a company, such as a bank.

The role of the personal representative in estate administration includes informing creditors that the decedent has died, defending the will if contested during the probate proceedings, collecting money owed to the estate, paying bills and expenses, and when necessary, hiring an estate attorney to represent them in the probate process and to consult or conduct estate administration tasks on behalf of the personal representative.

INVENTORY OF ESTATE

The personal representative is expected to document all of the decedent’s assets, property, and debt. This documentation is often referred to as the estate inventory.

DISTRIBUTION OF ESTATE

If there are any assets remaining after creditors have been paid, those assets are distributed according to the decedent’s will.

CLOSING ESTATE

The estate will be “closed” following the distribution of all assents and the filing of applicable tax returns.

Guardianship & Conservatorship

GUARDIANSHIP OF MINOR CHILD

If you are taking care of the child on a long-term basis, you may want to consider becoming the child’s guardian. A guardian is appointed by the court. Without guardianship, it may be difficult getting medical care for the child, enroll him or her in school, or get assistance from other entities requiring parental permission.

GUARDIANSHIP OF INCAPACITATED PERSONS

If a person becomes incapacitated and lacks sufficient understanding to make decisions regarding one’s care, a guardian can assure that their needs get met including: medical, shelter, educational, etc.  Guardianship powers are intended to be granted only to the extent necessary to accomplish what the incapacitated person cannot accomplish independently.

TEMPORARY GUARDIANSHIP

Document authorizing a trusted individual(s) to act on your behalf in the event of a medical emergency that results in your incapacitation.

Each state has different rules pertaining to guardianship. An attorney experienced in guardianship matters can explain Minnesota law, review the process, and assess potential hurdles.

CONSERVATORSHIP

A conservator is appointed, by the court, to make financial decisions for a protected person. You can identify a trusted individual within your estate planning documents to serve as your conservator in the event of your incapacitation, which typically the court will uphold unless found to not be in your best interest. The conservator typically has the power to collect all the conservated assets, pay bills, make investments and perform other financial functions, as well as engage in estate planning, including the right to amend or revoke the protected person’s will.

Prenuptial & Marital Agreements

PRENUPTIAL (ANTENUPTIAL) AGREEMENT

Negotiating and drafting a prenuptial (before marriage) or postnuptial (after marriage) agreement to for the purpose of defining the respective rights of the parties in the event of a divorce; a plan to define how both parties will handle income during the marriage, how to define marital and non-marital assets that are acquired during the marriage and to clarify how debts are paid during the marriage and how those debts will be characterized.

Furthermore, a nuptial agreement can determine the rights of each spouse if one of them dies. (Minnesota law states that one spouse may not deprive the other of their marital share in a will, but a spouse may waive their marital share within a prenuptial agreement.)

With an enforceable nuptial agreement in place, many conflicts can be avoided.

ENFORCEMENT

When a prenuptial agreement is properly created, Minnesota courts can enforce them. However, a nuptial agreement can only be enforceable if they adhere to certain criterion, which can be reviewed during the initial telephone or in person consultation with one of our attorneys.

ESTATE PLANNING COORDINATION

Following the establishment of the nuptial agreement, estate planning documents should be drafted or updated to coordinate terms and agreements in the event of your death or incapacitation.

Probate

AVOIDING PROBATE

There are some strategies and provisions to include in your estate planning documents to ensure that all, or some, of your assets and property passes directly to your heirs, without going through probate court.  A skilled estate planning attorney will take into consideration the size of the estate and review options such as: estate gifting, establishing a living trust, joint property ownership, and other strategies to avoid probate if possible.

PROBATE PROCEEDINGS

Every state has different rules regulating the probate process and every county conducts their probate proceedings differently. In Minnesota, small estates with little-to-no property may not have to go through the probate process. The estate attorney can review information about the estate, include documents such as a will or trust when available, to determine how to proceed with probate or estate administration.

PERSONAL REPRESENTATIVE, EXECUTOR, TRUSTEE

People nominated or appointed as the personal representative, executor, or trustee of someone’s estate often hire an estate attorney to assist them in the probate proceedings and/or estate administration duties.

TESTATE or INTESTATE

If there is a will (testate), the probate process may be a little simpler, especially if the deceased named someone they know to be the estate administrator or executor. If there is no will (intestate), the court will assign a person or entity to be the estate administrator/executor and take on the role of settling the estate.

INFORMAL PROBATE

An informal probate proceeding usually involves filing paperwork with the court, having the court appoint someone to manage the estate (estate administration).  There may or may not be any required hearings for an informal probate proceeding.

FORMAL PROBATE

In other instances, such as when a will is disputed, a formal probate proceeding may be required which involves more court oversight and usually requires one or more court hearings.

Emergency Care Flat Fee Packages

CUSTODIAL CARE OF MINOR CHILD

Authorize a trusted individual(s) to act on your behalf in the event of a medical emergency that results in your incapacitation.

Included Documents:

    • Medical Power of Attorney
    • Nomination of Guardian
    • Nomination of Temporary Guardian

Optional Documents:

    • Important Health Care Information
    • Instructions to Caregiver
    • Instructions to Guardian

ADVOCATE CARE FOR YOUNG ADULT (18+)

Continue to be the parental advocate for your young adult should they experience a medical emergency.

Documents to be executed by young adult (18+):

    • HIPPA Waiver
    • Health Care Directive
    • Power Of Attorney

Estate Planning Flat Fee Packages

FOUNDATION 

Essential Plan & Documents

Documents Included:

    • Will
    • Healthcare Directive
    • Power of Attorney
    • HIPAA Authorization & Waiver

Optional Documents:

    • Transfer on Death Deed

Individuals & Families on the Grow

Documents Included:

    • Trust
    • Pourover Will
    • Healthcare Directive
    • Power of Attorney
    • HIPAA Authorization & Waiver
    • Certificate of Trust
    • Assignment of Personal Property

Optional Documents:

    • Transfer on Death Deed
    • Declaration of Trust

Advanced Planning & Provisions

Documents Included:

    • Trust
    • Pourover Will
    • Personal Property Memorandum
    • Healthcare Directive
    • Power of Attorney
    • HIPAA Authorization & Waiver
    • Transfer on Death Deed
    • Certificate of Trust
    • Declaration of Trust
    • Assignment of Personal Property
    • Trust Diagram
    • Asset Spreadsheet

Optional:

    • Estate & Gift Tax Planning
    • Letters to Fiduciaries
    • Self-Funding Letters

Probate & Estate Administration Fees

Probate and estate administration services are available on an hourly basis only, due to the many variables unique to each estate and county probate court. Some of the work involved in probate proceedings can be completed by a paralegal under the supervision of an estate attorney, which may reduce overall cost.  Our services can also be provided on an hourly consultative and advisory basis for clients who are able to complete certain tasks themselves.

Hourly Fee Services

Most of our services can be provided on a stand-alone hourly basis, following a free initial consultation.

Services only available on an hourly basis due to variables and dynamic nature:

  • Nuptial Agreement – negotiating and drafting
  • Marital Agreement
  • Probate
  • Estate Administration
  • Guardianship & Conservatorship
  • Business Entity & Succession Planning

Services that may be available on a flat fee basis:

  • Nuptial Agreement Enforcement Review
  • Estate Planning
  • Power of Attorney
  • Healthcare Directive
  • HIPPA Release
  • Deed

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