IAJ Law, LLC

Month: January 2016

For Military Families Needing A Funeral Honor Guard in Minnesota
A funeral honor guard can be very tricky for families who are not familiar with this process.

Because I am confident my own spouse would be lost if required to make funeral arrangements that encompassed my VA benefits too, I developed a short outline to help other military families in Edina and the surrounding area.

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Forms for a Funeral Honor Guard?

If your loved one never mentioned this, you heard it here first. The VA requires a form for everything. Here is what you will need to make sure a funeral guard and other funeral arrangements are affirmed for you and your family:
- Application for burial benefits: VA Form 21P-530
- Request specific funeral arrangements: VA Form 10-2065
- Application for a US Flag to be used at the funeral service: VA Form 27-2008
- Headstone for a a Military Cemetery: VA Form 40-1330
- Headstone for a Private Cemetery: VA Form 40-1330M
What does a Funeral Honor Guard do?

Members of the military assigned to an Honor Guard refer to a funeral assignment as a “detail”. The easiest way to help yourself understand what a Funeral Honor Guard will do is by watching a short film here.

Generally, upon requesting an honor guard for a Veteran, the honor guard will (1) carry the casket or urn from its location to the burial spot, (2) present a folded US Flag, (3) provide a gun salute, (4) present bullet shells, and (5) play a closing musical honor.

How many people are part of the Honor Guard?

At a minimum, the honor guard for a funeral will have at least 2 people. Larger honor guards can be much larger ranging from 4-8 people. Right or wrong, military status impacts this element of the process.

It is important to note that at least one of the persons in the honor guard will be from the same military branch as your loved one. Some families do not see why this is significant. Really though – it matters.

Should you bother seeking an Honor Guard?

As an attorney and Veteran, I hear a lot of families inquire whether it is even worth the hassle. No, it isn’t a hassle. Yes, it is well worth the time and effort.

I always encourage families to seek an honor guard for the funeral. For one, your loved one earned it by serving our country. Second, it is generally no cost. Third, it is a privilege that usually exceeds everybody’s expectations.

Thus, go the extra mile and seek a Funeral Honor Guard.

Rules Granting an Honor Guard

There are two rules that apply to a funeral honor guard in Minnesota. First, Minnesota statute 197.23 affirms the VA will pay for an honor guard.

Second, something called Public Law 106-65 is the federal rule that grants your Veteran and certain dependents an opportunity for a funeral honor guard in Minnesota.

Who manages the Funeral Honor Guard in Minnesota?

If you are seeking a funeral honor guard in Minnesota, the Department of Defense manages this process. That said, the person or entity you should contact first is the funeral home.

However, the Department of Veterans Affairs (VA) National Cemetery Administration cemetery staff can also assist with arranging military funeral honors.

Likely, planning a funeral for your loved one is stressful enough. Thus, make it easy on you and your family by delegating specifics to the funeral home.

Do you need help?

If you or your family need help or assistance with benefits and rights your loved one earned while serving in the Military, please contact this law office for help.
January 28, 2016
Unemployment Help Means This…

Unemployment help means something different to everybody.

Your situation is different from your co-worker, friend and family member. Here is what unemployment help means:

(1) Help filling out an application,

(2) One-on-one consultations,

(3) Phone hearing,

(4) Filing an Appeal,

(5) Gathering evidence, seeking subpoenas, confronting the other party, etc.,

(6) Filing a Request for Reconsideration,

(7) Representation during an Unemployment Audit,

(8) Help with a Garnishment,

(9) Negotiating a re-payment plan specific to an overpayment,

(10) Reduce unemployment taxes and penalties,

(11) An appeal to the Minnesota Court of Appeals,

(12) An appeal to the Minnesota Supreme Court,

(13) Other services specific to your situation.

Need more unemployment help

Please contact me if you need help.

January 26, 2016
Why TAA and Unemployment in Minnesota is a Mess

TAA and Unemployment in Minnesota is confusing. This program becomes especially confusing when your benefits are taken away or denied.

If you need help with a TRA or TAA Appeal, please contact this law office.

What are TAA benefits?

The Trade Adjustment Assistance Program, or TAA is a federal program to help workers who lost their job to a worker overseas.

Generally, TAA benefits means the Federal Department of Labor authorized financial support for you to seek job training, income while you look for a new job, help with your job search, and benefits for you to relocate your place of residence.

How much are TAA benefits worth?

As you know, TAA benefits can be worth hundreds of thousands (the cost of a degree). TRA benefits can equal more than $65,000 (103 weeks x $640 dollars per week).

Thus, the financial value of TAA benefits can be quite significant.

Legal cases for TAA and Unemployment in Minnesota

In Minnesota, there have been about 20 public cases specific to TAA and unemployment. Public cases are those reviewed by the Minnesota Court of Appeals.

Unfortunately, problems arise because workers, employers, and local government agencies do not see these types of requests on a regular basis.

Do you need a lawyer for TAA and Unemployment in Minnesota?

No, but it certainly helps. If nothing else, meeting with an attorney for a consultation can prepare you for better days.

In my opinion, the people managing TAA benefits do not understand this process because it rarely appears.

Are TAA benefits the same as Unemployment benefits?

No, TAA and unemployment in Minnesota are not the same.

However, in certain situations the unemployment office in Minnesota can review whether or not you are eligible for TAA benefits. Also, TAA benefits are not the same because they require a separate application or petition.

In other words, applying for unemployment does not imply you are either eligible or requesting TAA too.

How do you get TAA benefits?

In most cases, a worker finds out they might be eligible for TAA benefits after attending a meeting a their work or Plant.

Other times, a worker or a group of workers apply or file a petition with the United States Department of Labor.

Assuming the application or petition is approved and you live or work in Minnesota, TAA benefits are managed and facilitated by DEED.

The unemployment office in Minnesota denied my TAA benefits

Yes, the unemployment office in Minnesota may have denied your claim for TAA benefits, but you certainly have rights which will require you to appeal. The appeal process for unemployment benefits in Minnesota follows a strict process.

If the unemployment office denied your request, you must take the necessary steps to educate the unemployment law judge of your claim for TAA. This may include making referencing Federal law and or Minnesota law.

Also, your approved petition for Trade Adjustment Assistance will certainly be a necessity in this process. Provided you follow strict adherence to timelines, you have rights if Minnesota’s unemployment office denied your request for unemployment benefits and or TAA benefits.

File an appeal for Trade Adjustment Assistance

If you are considering an appeal for TAA benefits, assess whether you are filing a petition for benefits, appealing the petition, or appealing the administration of your benefit.

The administration of TAA benefits are managed by the unemployment office, which is a state agency.

A petition and an appeal to the petition is controlled by the Office of Trade Adjustment, which is a federal agency.

Do you need help appealing TAA benefits?

Please contact this law office if you need help with TAA and unemployment benefits in Minnesota.

January 21, 2016
3 Steps to Fund Revocable Trust in Minnesota
The term fund revocable trust can be scary for some and annoying for others. Unfortunately, funding laws in Minnesota keep changing.

In Minnesota, the process to transfer your assets into a revocable living trust depends on the asset. In general though, this can be outlined in a few straightforward steps.

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Fund Revocable Trust: Step 1

The first step to fund revocable trust is to make a list of your tangible assets versus intangible assets.

This law office recommends making a list of your stuff using the following categories:
- Bank Accounts
- Savings Accounts
- List of Firearms you own
- Retirement Accounts
- Real Estate
- Motor Vehicles
- Your Prized Possessions
- Business Ownership
- Debts
- Stock Options
- Intangible Assets
Of course, some categories may or may not apply to you and your situation.

None the less, your process to fund revocable trust will be smoother if you take time to think through the property you own or have rights to.

Fund Revocable Trust: Step 2

The next step a person in Minnesota should consider when trying to fund revocable trust is to acquire copies of the following documents:
- Your “Certificate of Trust”
- Divorce records
- Life Insurance Policies
- Statements for your Retirement Accounts (IRA’s, 401(k), 403(b), etc.)
- Title(s) for your automobiles
- Copies of Deed for any property you own
- Bank Statements (checking, savings, etc.)
- Military Records (DD 214, Notice of Discharge, Disabilities)
- Social Security Statements
- Articles of Incorporation attached to any business you ave ownership in
- Records attached to your firearms
- Other documents you believe are significant.
Whether you like the idea of thinking through this like a cardboard box or otherwise, this is important to beneficiaries.

In other words, a critical step for any person having a trust is to “re-title” your assets and property such that they match the title and wishes expressed within your trust.

Fund Revocable Trust: Step 3

The third and final step for a person in Minnesota looking to fund a revocable trust is to determine who will complete the funding process.

Some seek out professional advisement to avoid pitfalls, while others prefer other methods.
January 5, 2016
For Minnesota Folks Who Care About Federal Estate Taxes
Reviewing Federal Estate taxes in Minnesota is fun to explore. OK, perhaps this topic can be daunting. Death and taxes, right?

The intent of this article is to identify categories of Federal estate taxes many Minnesotans need help with when trying to create or manage an estate plan.

If you become lost or confused, lets not forget the significance of the self-hep section of the IRS website. Also, seek advice from your Certified Public Accountant or CPA. If you do not have a CPA, consider looking HERE.

Federal Estate Taxes and Gift Taxes

The first significant category of Federal Estate taxes in Minnesota are gift taxes. Gift taxes and generation skipping transfer taxes (GST) go hand in hand.

For the purpose of this section, gift taxes and GST are being reviewed before a person dies.

The annual gift tax exclusion amount in the year 2014, 2015, and 2016 is $14,000.

Yes, the IRS imposes a gift tax for each calendar year on the transfer of property by gift from any person to another person or trust. These types of taxes are reported on an IRS form called Form 709. Instructions for this form can be found HERE.

3 Gifts that are not Taxed

Right now, the gift tax rate is based on the year in which the gift is transferred. Luckily, we still have three types of gifts which are generally excluded from our taxable income:
- Gifts to political organizations,
- Gifts of tuition made to a qualifying educational institution on behalf of an individual are not taxable, as long as the payment is made directly to the educational institution,
- And, medical expenses on behalf of an individual when paid directly to the individual or to the medical institution that provided care.
Federal Estate Taxes and Death Taxes

The second most significant category of Federal Estate taxes in Minnesota are death taxes. For the purpose of this section, death taxes occur after a person dies.

The person most likely stuck or required to manage this element of your estate plan is your Personal Representative. In case your personal rep does not know, death or estate taxes after a person dies are reported to the IRS using a form called Form 706.

At the date of this article, the basic exclusion amount is $5,430,000. Spouses wishing to take advantage of significant tax benefits should consider seeking advisement.

Estate Planning and Federal Estate Taxes

If you need help with your estate planning and are concerned with Federal Estate Taxes, contact this law office for help.
January 1, 2016