Courey, Kosanda & Zimmer, P.A.Courey, Kosanda & Zimmer, P.A.2026-07-08T21:48:57Zhttps://www.ckzlawfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1302564/2022/02/fav-75x75.icoOn 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.]]>On Behalf of Courey, Kosanda & Zimmer, P.A.<![CDATA[3 Common mistakes trustees make and how to avoid them]]>https://www.ckzlawfirm.com/?p=471622026-04-13T10:13:29Z2026-04-13T10:13:29ZFailing to understand fiduciary duties
As trustee, you owe fiduciary duties of loyalty, prudence (care), impartiality among beneficiaries and a duty to account. This means you must put beneficiaries first, manage property responsibly and treat all named individuals fairly. You must also avoid conflicts of interest and never use trust assets for personal benefit. Problems often arise when you make informal decisions, favor one beneficiary or treat trust assets as your own.
Poor recordkeeping and communication
Failing to maintain accurate records and keep beneficiaries informed may lead to confusion and mistrust. To stay on track, you must:
Keep detailed records of all income, expenses and disbursements
Save receipts, bank statements and supporting documents
Separate trust assets from your personal accounts
Provide regular updates to beneficiaries about trust activity
Document major decisions and explain your reasoning
These steps can help reduce the risk of disputes.
Mismanaging assets or distributions
Managing assets requires diligent care. This may include investments, real estate or even a family business. Common mistakes include making transfers before the document allows them, taking unnecessary risks or failing to maintain the trust property. These actions can quickly reduce the value of the trust.
Review all assets regularly and address issues promptly. Follow the agreement’s instructions strictly when making distributions and managing property.
Consequences of mishandling trustee duties
When you fail to meet your responsibilities, the consequences can be serious. You may face personal liability for financial losses, disputes among beneficiaries or even removal as a trustee under Minnesota law. In some cases, you may be required to repay the trust for losses caused by poor decisions or mismanagement.
Get guidance before problems arise
You do not have to handle trustee duties alone. With the right guidance, you can avoid costly mistakes and fulfill your role with confidence. When questions come up, consider speaking with a legal professional who can help you navigate your responsibilities and protect the interests of everyone involved.]]>On Behalf of Courey, Kosanda & Zimmer, P.A.<![CDATA[3 issues that can derail a planned merger]]>https://www.ckzlawfirm.com/?p=471612026-03-30T16:42:26Z2026-03-30T16:42:26Z1. Regulatory intervention
Both state and federal authorities can intervene in a planned merger to prevent the transaction from occurring. If there are concerns that the merger might violate antitrust statutes by creating a monopoly, government officials may take legal action to prevent the completion of a merger or undo a merger already underway.
2. Culture clashes
Every company has its own unique culture. In some cases, the ways that workers interact with one another and how the company operates are so different that the merger is not realistic, as the separate teams of professionals are unlikely to ever successfully integrate with one another.
3. Undisclosed company challenges
Due diligence is critical in the early stages of a merger. Ideally, both companies look carefully into one another to prevent surprises at the 11th hour. From a recent uptick in customer complaints to pending employee lawsuits, there are numerous issues that could come to light in the middle of merger negotiations that force one party to back out of the transaction.
Having hands-on legal guidance through every stage of a merger can reduce the likelihood of things going wrong unexpectedly. Complex business transactions involve many sources of risk and exposure that a legal professional can to help address.]]>On Behalf of Courey, Kosanda & Zimmer, P.A.<![CDATA[3 times it may be possible to remove a trustee]]>https://www.ckzlawfirm.com/?p=471602026-03-13T14:14:03Z2026-03-13T14:14:03Z1. A breach of fiduciary duty.
A trustee has an obligation to act in the best interests of beneficiaries. If they put their own benefit ahead of what beneficiaries require, they may be vulnerable to removal efforts.
2. A drastic change in circumstances
Trustees need to be able to competently and ethically fulfill their responsibilities. A variety of challenging personal circumstances could undermine a trustee’s capacity to continue overseeing trust administration. Pending criminal charges, personal medical challenges and even a pending bankruptcy could justify the removal of a trustee.
3. Incompetent trust management
Perhaps a trustee failed to properly secure resources or sold them for well below their fair market value. Maybe they have failed to take action as needed to preserve and maintain trust resources. In cases where a trustee has not fulfilled their responsibilities consistently and effectively, it may be possible to remove them, especially if their actions have verifiable economic consequences.
Initiating trust litigation to replace a trustee is sometimes the only viable solution. Beneficiaries may need assistance documenting a trustee’s incompetence or inappropriate conduct and then preparing for court, and that’s okay.]]>On Behalf of Courey, Kosanda & Zimmer, P.A.<![CDATA[3 options for charitable giving while estate planning]]>https://www.ckzlawfirm.com/?p=471592026-02-26T21:03:24Z2026-02-26T21:03:24ZPeople drafting estate plans often want to provide support and meaningful inheritances for their close loved ones. Charitable giving can also sometimes be a priority.
People may want to provide resources for causes that are dear to them. They may even want to establish a memorial scholarship fund at a local institution of higher education. Charitable giving can be a valuable component of an estate plan, and there are numerous strategies to achieve charitable goals. The three options below are among the most common and successful means of adding charitable giving to an estate plan.
1. Bequests in wills
When an individual is confident that their loved ones will honor their wishes, they can make arrangements for the transfer of specific resources to a charitable cause in their wills. Doing so is the simplest solution, but it could lead to a will contest in some cases.
2. A charitable trust
Trusts are harder to contest and provide opportunities for ongoing financial support for charitable causes. Individuals with the resources to fund a charitable trust may be able to create scholarship funds or provide recurring support for causes that they hold dear.
3. Property donations
Many charitable organizations accept donated vehicles or boats. Many organizations accept home furnishings, clothing and other personal property. Donating assets that friends or family members are unlikely to want can give those resources new life. Donated goods can either generate revenue for charitable causes through resale shops or provide direct support for people going through difficult times, such as those overcoming homelessness or fleeing domestic violence. Discussing charitable giving preferences with a lawyer can help people explore their options for leaving the most meaningful legacy possible after they pass. There are many different ways to have a positive impact on charitable organizations when people craft custom estate plans.]]>