– Legal Insights –
If you are expecting an inheritance, an estate planning tool known as a trust may prove useful, depending on your circumstances. Among the numerous types of trusts aimed at fulfilling different estate planning purposes, an inheritor’s trust is specially designed to help protect an inheritance. Purpose of an Inheritor’s Trust...
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Cigna companies–Life Insurance Company of North America, Connecticut General Life Insurance Company, and Cigna Health and Life Insurance Company–recently entered into a Regulatory Settlement Agreement requiring Cigna to change its claims handling practices, reassess prior denied claims, pay certain fines, and be subject to future monitoring. Cigna agreed to the...
It’s common in Minnesota for a general contractor to have a clause in its subcontract which forces a subcontractor to indemnify the general contractor for all personal injury or property damage claims without regard to whether the subcontractor is at fault in causing the injury or damage. Recently, the Minnesota...
As we approach spring and look forward to the annual spring walk-through and start planning maintenance, repair and replacement projects for the coming year, boards and managers should take a step back and ask themselves one simple but important question: Which maintenance obligations belong to the association and which are...
It comes as no surprise that some tools of technology and communication have made our lives easier in many respects. However, the use of blogs, e-bulletin boards, group e-mail accounts, etc., by homeowners associations can also pose certain risks that may well outweigh the benefits of their use. Knowing some...
The following information was reviewed and confirmed to be current as of December 2020. By now, most people involved in the operation of common interest communities in Minnesota have heard that the statutory requirements for replacement reserves have been amended and that the new amendments become effective starting with the...
Governing documents that are clear, concise and drafted in accordance with applicable statutes are much easier to enforce than those that are vague, poorly drafted and/or conflict with statutes or other governing documents. The following are some tips for enforcing your association’s governing documents. Enforcement Policy and Procedure. Every community...
According to the old adage, two things in life are inevitable: death and taxes. While there is little one can do to eliminate the pain and finality of the former, Hellmuth & Johnson, PLLC offers you a risk free way to take at least some of the sting out of...
In order to understand your community association and how it operates, you need to first understand and become familiar with its governing documents. Once you understand these documents and the various rights and responsibilities of the association and its members, you will be better able to enforce the governing documents...
Ok, so now that you have assembled your team of professionals that will assist your association in carrying out its various functions and responsibilities, how can you be sure that you are getting what you need from these various vendors? Here are a few tips to keep in mind when...
One of the more difficult issues courts have to deal with in a dissolution is how to differentiate marital property from non-marital property. Divorcing spouses often feel that they should be allowed to take out of the marriage everything they brought into the marriage. If the asset is clearly identifiable...