Courey, Kosanda & Zimmer, P.A.Courey, Kosanda & Zimmer, P.A.2026-08-22T22:43:01Zhttps://www.ckzlawfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1302564/2022/02/fav-75x75.icoOn Behalf of Courey, Kosanda & Zimmer, P.A.<![CDATA[When can a Minnesota personal representative be removed?]]>https://www.ckzlawfirm.com/?p=471782026-08-22T22:43:01Z2026-08-22T22:43:01ZWhat does Minnesota law say?
As long as they meet the basic qualifications under Minnesota law (such as being at least 18) and did not intentionally “misrepresent material facts in the proceedings leading to the appointment” (if they were appointed by the court), you must have “cause” to get them removed.
Specifically, under the law, you must be able to show that they have done one or more of the following:
Mismanaged the estate
Not performed a “duty pertaining to the office.”
Disregarded a court order
Become “incapable of discharging the duties of office.”
Basically, if you’re seeking to have a personal representative removed, you must provide evidence that “removal is in the best interests of the estate.”
If a personal representative is in over their head, they might just need some professional assistance with managing the estate. A skilled legal team can provide that support. However, if you believe that they are doing something that isn’t legal or otherwise jeopardizing the assets in the estate and your loved one’s wishes, it’s smart to get experienced legal guidance as soon as possible to protect the estate and your stake in it.]]>On Behalf of Courey, Kosanda & Zimmer, P.A.<![CDATA[Who can be the beneficiary of a Minnesota estate?]]>https://www.ckzlawfirm.com/?p=471762026-08-08T00:32:13Z2026-08-08T00:32:13ZMost parties can legally inherit
Minnesota law broadly defines beneficiaries to include both individuals and businesses. People can choose to leave their assets to their family members and friends. They can also make posthumous donations to charitable causes.
In theory, any person who is still alive and any organization not yet dissolved can inherit from an estate. There are some parties that may not be able to directly inherit because of their legal standing.
Minor children and adults who lack capacity may not be able to directly control inherited property. If a person intends to name minors or those with serious medical challenges as their beneficiaries, then they may opt to establish a trust, which helps preserve those resources and manage their use on behalf of those who do not have the legal right to control their own inheritance.
Keeping an estate plan updated, so that the assets included and the beneficiaries named accurately reflect a person's circumstances, can help to ensure that testators leave a meaningful legacy when they pass. Those concerned about how to provide for specific beneficiaries or how to allocate their resources may need to sit down to discuss their priorities and concerns with an estate planning attorney, and that’s okay.]]>On Behalf of Courey, Kosanda & Zimmer, P.A.<![CDATA[Buying out a business partner who wants to retire]]>https://www.ckzlawfirm.com/?p=471752026-07-25T15:14:09Z2026-07-25T15:14:09ZContracts may lay the groundwork
The partnership agreement signed during the formation of the business could potentially provide clear guidelines for the buyout process. Especially if the partners signed a buy-sell agreement, they may have already established the basic terms of a buyout.
Without an existing buy-sell agreement, partners may need help establishing the structure of the buyout arrangement. Guidance may be necessary for the selection of the right valuation method and the valuation process.
Negotiations may be necessary to reach terms that both parties feel are fair given the needs of the company and the contributions of both partners. In theory, they can reach an arrangement that is mutually beneficial and that allows for the seamless continuity of business operations, as well as the secure retirement of one partner.
Reviewing business formation and partnership paperwork with a lawyer can help people navigate a partnership buyout or similar business transaction with minimal conflict and disruptions. Adherence to contractual requirements and the law is critical for successful business transactions.]]>On Behalf of Courey, Kosanda & Zimmer, P.A.<![CDATA[Business succession planning for small Minnesota businesses]]>https://www.ckzlawfirm.com/?p=471742026-07-19T19:44:18Z2026-07-19T19:44:18ZBuy-sell agreements
A buy-sell agreement establishes how ownership transfers when an owner dies, becomes disabled or leaves the business. It also sets valuation methods and funding sources. An agreement should include:
Trigger events for when the agreement applies
Valuation terms that define how the business is valued
Funding mechanisms that identify how the purchase is paid
Having an agreement in writing provides company owners and families with clarity and helps reduce disputes during stressful periods.
Key person planning
This type of underutilized planning protects the business if a critical individual can no longer perform essential duties. It can help maintain operations and minimize financial disruption.
A well-crafted key person plan supports stability and helps the business adapt to unexpected changes. Coverage identification determines which roles are essential. Continuity strategies outline how responsibilities shift. Financial tools provide resources for temporary or permanent transitions.
Integration with an estate plan
Business interests must align with a business owner’s broader estate plan to help ensure consistent instructions. Coordinated documents help prevent conflicting directives and unintended outcomes. By creating a unified plan, you can rest easier knowing that you are helping your business transition smoothly and that you are supporting your goals for your heirs and stakeholders.]]>On Behalf of Courey, Kosanda & Zimmer, P.A.<![CDATA[What if an estate beneficiary dies after the estate’s testator?]]>https://www.ckzlawfirm.com/?p=471692026-06-30T15:37:01Z2026-06-30T15:37:01ZDeceased beneficiaries can still inherit
In some cases, testators may have planned in advance for the possible death of a beneficiary. Their wills and trusts can include language that allows the surviving spouse or progeny of a beneficiary to receive their inheritance if they die while estate administration is still underway.
Without specific language addressing this unusual and challenging situation, state law typically determines what happens next. Under current state statute, if a beneficiary outlives a testator by five days or more, the law recognizes their right to inherit from the estate of the testator. If they die at the same time or in the first days after the testator dies, then the courts may eliminate their inheritance unless testamentary documents provide other instructions.
Expanding an estate plan to address unusual but challenging situations can help people avoid probate disputes that damage family relationships. A plan that addresses the death of a beneficiary is often stronger and less likely to trigger conflict than documents that assume beneficiaries should outlive a testator.]]>On Behalf of Courey, Kosanda & Zimmer, P.A.<![CDATA[Can estates leave legal heirs without an inheritance?]]>https://www.ckzlawfirm.com/?p=471682026-06-16T23:51:18Z2026-06-16T23:51:18ZFinancial obligations come first
Heirs may think of their inheritance rights as absolute, but they are often secondary to the rights of outside parties. Creditors, tax authorities and others owed money by the deceased party may have a right to payment before beneficiaries inherit anything from the estate.
Personal representatives administering an estate must send notice to creditors to allow them to file a claim for repayment. They must also file tax returns and ensure that they properly address all of the financial obligations of the person who died. In some cases, the amount they owe exceeds the total value of the estate. In that situation, the estate is insolvent, and heirs may not inherit anything.
Those concerned about their rights as heirs or worried about conflict during estate administration due to an insolvent estate may need guidance from a legal professional. Learning more about the law and reviewing the financial status of a testator at the time of their passing can help both heirs and personal representatives recognize when an estate may not have anything to distribute after settling financial obligations.]]>On Behalf of Courey, Kosanda & Zimmer, P.A.<![CDATA[The danger of overlooking a residuary estate in an estate plan]]>https://www.ckzlawfirm.com/?p=471672026-06-07T11:58:45Z2026-06-07T11:58:45ZWhat is a residuary estate?
A residuary estate contains any assets directly owned by a deceased person not specifically mentioned elsewhere in estate planning documents. Their will might address a home, a vehicle and a retirement account.
It may not contain instructions related to clothing, home furnishings and other personal property. The residuary estate of an individual can be worth thousands of dollars. It can also have significant emotional value to those close to the testator before their passing.
If an estate plan does not address the residuary estate, people may end up fighting over those resources. The disputes they have with one another can cause lasting damage to family dynamics. If the matter ends up triggering probate litigation, the cost of the legal dispute that arises can reduce what everyone inherits from the estate.
Taking the time to address personal property in a will can limit opportunities for conflict and optimize the positive impact that a will has on beneficiaries. Testators who draft wills with the support of estate planning attorneys are generally in the best position possible to avoid common oversights that could cause issues for their beneficiaries.]]>On Behalf of Courey, Kosanda & Zimmer, P.A.<![CDATA[A merger can create staffing redundancies]]>https://www.ckzlawfirm.com/?p=471662026-05-22T16:21:58Z2026-05-22T16:21:58ZWhen a company goes through a merger, it sometimes creates redundancies among the staff. There are often overlapping roles.For instance, two businesses may both have needed a front office staff or an HR manager when they were operating independently. But if one business acquires the other, or if the two merge together, the resulting entity still only needs one HR manager or roughly the same size front office staff. Those roles and responsibilities are still important and must still be addressed at the new company, but they do not need as many people to do it since the companies are now operating as a single entity.
What does this mean for the staff?
In many cases, this means that the staff has to go through layoffs. After the merger or acquisition, the business owner decides to trim the workforce, so they let go of employees who are in these redundant roles.There can also be some mismatches from a company culture standpoint. A small company may be absorbed by a larger company that has a very different corporate culture, and where employees naturally have very different goals and motivations. The previous workers from the company that was purchased may feel that they are no longer a good fit.In some cases, this leads them to move on, so the issue of redundant roles is addressed naturally. Some of the employees do not like the new cultural fit and seek other employment elsewhere, helping to reduce the overall workforce.But no matter how it plays out, mergers and acquisitions can create a lot of uncertainty for the workforce, even if there are long-term benefits for the company overall. It is important to understand what legal steps to take to navigate this process.
]]>On Behalf of Courey, Kosanda & Zimmer, P.A.<![CDATA[Communicating with beneficiaries as a personal representative]]>https://www.ckzlawfirm.com/?p=471652026-05-08T21:38:34Z2026-05-08T21:38:34ZOne of your duties as an appointed personal representative of an estate is communicating with beneficiaries. You need to keep beneficiaries adequately informed about the estate and the probate process.
Poor communication can lead to your removal, as it can be viewed as a neglect of duty or a lack of transparency. Here is how to communicate with beneficiaries:
Notify them when probate begins
Locate each beneficiary and send them a written notice via mail, preferably accompanied by a copy of the will. The notice should inform them that the will has been filed and probate has begun. It should also let them know they have been named as a beneficiary and identify you as the personal representative.You can use this initial interaction to set expectations. Let the beneficiaries know how often you will be sending updates, which communication methods you will be using, how they can contact you and anticipated timelines.
Respond on time
It’s important to respond to inquiries/concerns on time. Delaying responses can be seen as not acting in the best interest of the estate. If a beneficiary inquires about a matter you don’t have enough information about yet, inform them that you will update them as soon as you do. For example, when they ask about the value of a property, but the appraisal has not yet been completed.
Document your conversations
Ensure that you keep a record of all communications. It helps to use written communication, as it’s easier to document. You should save emails, keep receipts for mail, send follow-up emails after a phone call/in-person meeting summarizing what was discussedand note down the date, time, attendees and topics discussed for all interactions in a spreadsheet.Communicating with beneficiaries is a crucial duty for a personal representative. Obtain more information about how to perform your duties efficiently. ]]>On Behalf of Courey, Kosanda & Zimmer, P.A.<![CDATA[What could make your estate plan out of date?]]>https://www.ckzlawfirm.com/?p=471632026-04-25T01:25:17Z2026-04-25T01:25:17ZRegularly reviewing your estate plan and updating it when needed is always best. Here are some events that could mean your plan is no longer current or meeting your needs.
Changes to estate planning laws
Estate planning laws, just like most other kinds of laws, do get altered occasionally. Things that might change include the limits placed on gifting or the point at which taxes must be paid on the transfer of an estate. Often, these changes will not affect you, but it could only take one change that does affect you to make your estate plan far less effective than it previously was.
The death of someone named in your estate plan
A typical estate plan names multiple people. For instance, you may name one or more people to be an executor, and, if you are a parent, a guardian. You may name other fiduciaries such as trustees, health care representatives and people who have powers of attorney. You’ll also likely name beneficiaries to receive what you leave behind. If one of them dies, you will need to update the plan to take account of that, reallocating the role or redistributing the wealth unless you have named alternates and contingent beneficiaries.
Changes in your family
Marriage and divorce, the birth of a first child or of an additional child can all require updates to your plan. Failing to keep the plan up to date could lead to loved ones losing out.
An estate plan is something that should evolve as your life evolves. Seeking legal guidance can help you make sure the plan you have when you die reflects your final wishes.]]>