Month: January 2017

  • 1,699 Different MN Unemployment Law Cases for this Rule

    1,699 Different MN Unemployment Law Cases for this Rule

    How many MN unemployment law cases are there for appeals in Minnesota?  Alone, there are 1,699 public cases that discuss Minnesota statute 268.095.

    By the time you read this, the number of cases will increase.

    While some cases are unpublished, these types of cases still offer value.  For applicants appealing their claims because of employment misconduct or quitting, published cases are even more important.

    If you are looking for updated cases, consider contacting the Minnesota Court of Appeals.

    Otherwise, if you are appealing an unemployment case and it involves the quit or discharge law, please take your appeal seriously.

  • 8 Easy Tips to Prevent Unemployment Office Problems

    8 Easy Tips to Prevent Unemployment Office Problems

    In Minnesota, unemployment office problems can look or feel different to every person.

    Look, I do not want you to experience problems.  Unfortunately, problems unfold without people even knowing that it is occurring.

    I believe the best solution to an unemployment problem is identifying the issue.  If you cannot do this, then perhaps the following tips can help problems from arising.

    Tips to reduce Unemployment Office Problems

    Here is a good start to prevent unemployment office problems in Minnesota:

    1. Do not visit the workforce center and share your whole story.
    2. Try to predict how or when your employer might lie about key events.
    3. Telling the unemployment office about a medical issue is not always a good idea.
    4. Prepare for an appeal by obtaining evidence before it  occurs.
    5. Assume your unemployment will get denied.
    6. Pay attention to your online account.
    7. Read your mail every day.
    8. Take the application process seriously.
    9. [BONUS]  *** Even if it has been 2 years since you received benefits,  update your online account when or if you move to a new residence.

  • Scared to Edit Your Will in Minnesota?

    Are you looking to edit your will in Minnesota?  Great!  Here we go…

    First, let’s acknowledge having a Will in Minnesota is better than dyeing with no will.

    That being said, there are significant risks when you want to edit your will in Minnesota.

    Why do you wan to edit your will in Minnesota?

    If you need to edit your will in Minnesota, likely you had a change in your family.  A second reason to edit a will is because there was a new rule or law.

    On the other hand, editing your current will can impose severe risks and bring more problems than you likely have time to worry about.  For this reason, I think starting from scratch is the preferable method.

    However, some people are stuck in their ways and still want to edit their will and risk contradiction or ambiguity.  Thus, here we go.

    Edit your will in Minnesota using a codicil

    A “codicil” in Minnesota is a supplement or addition to a will.  This means a person is not disposing or terminating their will, but modifying it.

    Yes, a person can edit a will in Minnesota by implementing a “codicil.”  The formalities of a codicil are the same as creating a new will.

    Because the process is the same, making a new will can be much less risky.  

    Other problems with editing your will in Minnesota include…

    • People loose their will,
    • Family members didn’t know there was a codicil,
    • A codicil contradicts a statement in the will,
    • The codicil make things less clear, or
    • Your codicil was written under duress or a different mental state.

    What should you do first if you want to edit your will in Minnesota?

    If you are considering whether or not you want to edit your will in Minnesota and how to proceed, best practices suggests seeking help from an estate lawyer and starting from scratch.

    Otherwise, creating a supplement to your will or looking to edit your will in Minnesota might cause issues or adversely alter your intentions.

  • Forms for a Transfer on Death Deed

    TODDS or transfer on death deeds are fantastically inexpensive. When used correctly, these types of documents are fantastic for Minnesota families looking to reduce the risk of probate.

    For those looking for online resources, the Minnesota law that govern this method of transferring real property begins within statute 507.071.

    That said, because mistakes with land and beneficiary issues can compound, here are a few drafting issues that need to be taken into consideration:

    • Titling
    • Abstract versus Torrens questions, and
    • Identifying the strongest Legal Description.

    Luckily, these issues can be avoided upon completing research at the County Recorder’s Office.

    What is a Transfer on Death Deed in MN?

    A transfer on death deed, also called a “TOD deed” or “TODD” is a piece of paper that explains who should get your real estate (or house) on your death without the need of seeking approval from a probate court.

    For a document of this nature to be effective, a transfer on death deed must be completed and recorded in the County where the property is located.

    Can a Minnesota TODD transfer a piece of property to more than one person?

    Yes, a TODD can transfer real estate to more than one person or entity (like a charity or church).

    For example, a mother can use a transfer on death deed in Minnesota to transfer the family cabin in equal shares to her three children.  Each child is a grantee beneficiary.

    The possibilities for a TODD can be as creative or exotic as your estate requires.  On the other hand, the more extreme a TODD becomes, the more likely a different transferring tool should be considered.

    What can go wrong with a Transfer on Death Deed?

    A few detailed examples how or why a TODD can go wrong includes the following:

    • An incorrect legal description,
    • A grantee beneficiary dies before the owner of the property dies,
    • If the owners of a property were married, the remaining spouse fails to file an Affidavit of Survivorship,
    • Names of the beneficiaries are misspelled,
    • The person filling out the form uses the wrong form,
    • A person fails to record the document,
    • A person accidentally revokes the deed,
    • The grantor fails to consider estate taxes,
    • The grantor does not have each document notarized and witnessed correctly, and etc.

    Where to find forms for a Transfer on Death Deed

    If a person has the time, consider visiting your local recorder’s office. As an alternative, consider reviewing this list of forms.

    What happens when a TODD is recorded in Minnesota?

    The County’s recorder office charges a fee to file a transfer on death deed.

    A TODD does not kick into effect until the owner of the real estate dies.  In other words, a transfer on death deed is not effective nor does  anything happen when it is recorded.

    Instead, the property does not change hands until the owner or grantors die.  If the grantor dies and the document was valid, the property transfers to the designated recipient.

  • Is Minnesota’s Preponderance of Evidence really a Thing?

    Is Minnesota’s Preponderance of Evidence really a Thing?

    The Minnesota preponderance of the evidence is a standard used by unemployment law judges to determine whether a person is approved or denied benefits.

    As a result, I encourage you to know this rule and standard inside and out.

    Is the Minnesota Unemployment Preponderance of Evidence easy to establish?

    At first glance, what is is considered for the Minnesota Unemployment Preponderance of Evidence might appear as a simple thing.

    If you prove the Minnesota preponderance of the evidence is stronger for you than the other party, you should win – right?

    Unfortunately, it isn’t necessarily as straight forward as it probably should be.

    What is the most important part about the Minnesota standard for the Preponderance of Evidence?

    It is the opinion of this law office that regardless the standard of proof, whether your case meets the definition for the Minnesota unemployment preponderance of evidence will take care of itself.

    Instead, this law office believes the most important standard is whether or not you are more credible than the other party.

    This means your “story” is more believable than the other person.  Credibility is shown with your attention to details and using documents to prove your process and why you made certain decisions.

    How is the Unemployment Preponderance of Evidence reviewed in Minnesota?

    I know what you are thinking:  the standard of proof for an unemployment claim isn’t credibility.

    In Minnesota, the standard of proof for an unemployment case is the Minnesota unemployment preponderance of the evidence standard.  So what gives?

    Who decides what establishes the Unemployment Preponderance of Evidence?

    Ultimately, unemployment claims are decided by people.  When you are before an unemployment law judge during a phone appeal hearing, the decision maker is applying a subjective standard.

    The standard is subjective because human nature plays a big part in determining whether you have successfully established the Minnesota unemployment preponderance of evidence standard.

    If you were the judge, would you apply you unconsciously apply your own experiences to whether a case was more believable than not?

    How does an Appeal affect the Unemployment Preponderance of Evidence?

    On the other hand, it is the opinion of this law office that an appeal to the Minnesota Court of Appeals is more objective.  This means decisions are based on conduct and perception external to the situation.

    Think about it – the Court of Appeals is not allowed to hear you one-on-one while an unemployment law judge has this power.

    Also, the Minnesota Court of Appeals reviews case transcripts versus dissecting the tone and reflections in your voice.

    For these reasons, unemployment cases heard by the Court of Appeals apply a more objective standard.

    Is the Preponderance of Evidence important?

    In summary, yes the Minnesota preponderance of the evidence standard is important.  That being said, this law office believes your “credibility” should be the focus and allow the standard of proof come together based on your ability to share your story.

  • End Power of Attorney By Screaming?

    To end power of attorney (“POA”), the process is not about screaming. Instead, there is a specific process for revoking this type of estate planning document.

    The person who creates a POA on their behalf is called the Principal. Ideally, the Principal didn’t formulate this type of estate document and distribute the document as if it was a baseball card.

    Luckily, there is a process for ending this type of agreement.

    Powers to Revoke a POA

    One way to revoke a durable power of attorney is to utilize the revocation form distributed by the Attorney General’s Office. As we can see under Minn. Stat. 523.11, Minnesota has lots of conditions and requirements for terminating or “end power of attorney” between the principal and and attorney-in-fact.

    When the Principal is incapacitated, the conservator or guardian of the principal has the same power the principal would have to revoke, suspend, or terminate all or any part of the authority granted.

    Other Reasons to End Power of Attorney

    Of course, there are many reasons that a person might desire to end or terminate their power of attorney document. This includes but is not limited to:

    • Changes to the Principal’s financials
    • Changes in health,
    • IRS and Audit Concerns related to a Gift,
    • Births or Adoptions,
    • Injuries, health problems, or deaths to any attorney-in-fact,
    • Marital changes, the death of a spouse, or divorce,
    • Fallout with friends or family,
    • International travel,
    • A change in your thought and beliefs towards organ donation,
    • A revision to other estate planning powers managed by a Trustee or Fiduciary,
    • A change in feelings towards Agents, Beneficiaries, Guardians, Trustees, and Personal Representatives,
    • Moving or residing in a different state, and
    • A change in State or Federal law.

    So, as you explore the process for terminating powers and authorities granted within a durable power of attorney document, consider the revocation process defined under Minnesota law.

  • An Unemployment Weekend is Cold and Full of Stress

    An Unemployment Weekend is Cold and Full of Stress

    An unemployment weekend is stressful in Minnesota because the unemployment website is closed.

    Yes, an applicant is unable to access their account on the weekends and this causes stress.  Luckily, I believe most unemployed applicants can use this time to prepare for their appeal or hearing.

    If you are unemployed and browsing the web this weekend about unemployment issues, you are not alone.

    Thus, I encourage you to stay positive and send me a message if you see the need.

  • There is a Healthcare Directive Emergency in my Glove Box

    A healthcare directive emergency doesn’t give us a warning.  It just happens.  For this reason, many of my Clients are keeping a copy of their healthcare directive inside their glove box.

    Healthcare Directive Emergency – My Glove Box

    Taking 30 minutes to look through an estate plan (which might include hundreds of pages) makes no sense when time is of the essence.

    If I get into a car accident and the police are looking for documents specific to my car, they will find my healthcare directive.

    Hurt at home and my spouse or friend rushes me to the hospital, I can say “look in my glove box”.

    Even better, if I use my car to rush my spouse to the emergency room, we are ready.

    Healthcare Directive Emergency – Keep it Hidden

    Under no circumstances do I want to make it difficult to find my healthcare directive.  When a healthcare directive emergency happens, I need my family to find it ASAP.

    Earlier in my practice, some of the healthcare directives I used included social security numbers.  As we all know, our doctors use our social security number to keep track of us.  Back in the day, I was fearful that my important health history would be difficult to find.

    Speed ahead ten years and it appears our doctors have updated systems making this less of a fear.  I agree, most healthcare directives include very personal information about our wishes, doctors, family members and health conditions.

    Again though, hiding our document when we need it the most doesn’t seem helpful either.  Also, when was the last time your car was broken into?  The crime rate for motor vehicle theft in 2015 represented 142 per 100,000 population.

    Like you, I dislike the idea of a bad guy having my healthcare directive.  On the other hand, I dislike leaving my family stuck in a time of need even more.

    Healthcare Directive Emergency Alternatives

    When I represent a person needing a healthcare directive, I always encourage them to give a copy to their doctor(s) and dentist(s).

    Now, we can keep copies of our important documents on our phone too!  Even though I like this idea, the likelihood of my family accessing my phone in an emergency is unlikely.  Even more so, the likelihood of them remembering or recalling the password on my phone is even less.

    Again, keeping a document in an accessible folder makes sense.  When I have a Client who commutes a long distance or is fearful of not being prepared for the worst, I encourage them to keep a healthcare directive inside their glove box too.

  • First 2 Steps for an Informal Probate Minnesota

    The informal probate Minnesota process is different in every County.  Even though this topic can take a lot of twists and turns, do not despair.

    First step to the informal probate Minnesota process

    Every informal probate Minnesota process should start by identifying a point person.  The point person, also called a personal representative, is the person in charge of forms, notices, filings, administration, etc.

    Yes, as long as the person is 18 years of age or older, the point person can be a spouse, child, parent, friend, sibling, or any person willing to accept the job.

    Do you need a Will to complete the informal probate Minnesota process?

    No, a will does not exclude you from seeking the informal probate Minnesota process.

    On the other hand, if your loved one had a will, the informal probate process in Hennepin County should be much easier because the first step of seeking a point person will likely be satisfied.

    What if nobody is willing to volunteer?

    Keep this in mind, a creditor or any person claiming to have an interest can ask to be the point person or personal representative.

    As a result, do your very best to pick a person to assist in this process. 

    Second step in the informal probate Minnesota process

    The second step in seeking the informal probate Minnesota process is registering for e-filing.  What?

    Yes, the point person (if they handle this process without help from a lawyer) should consider registering for the e-filing process.  Unfortunately, the e-filing process in Hennepin County is mandatory

    Where to find forms for the informal probate Minnesota process

    If you are looking for forms to help you with the informal probate Minnesota process, consider these three resources:

    1.  Minnesota’s law library,
    2. Minnesota’s Court Forms website, or
    3. You can buy forms from Miller Davis Company.

    What information is needed for an informal probate Minnesota proceeding?

    Every application seeking approval for the informal probate Minnesota process needs the following information, which is outlined in Minnesota rule 524.3-301:

    • An outline why you have an interest,
    • Name, birth-date, and records for the person who died,
    • If the person who died had a spouse or children, the application will require their contact information,
    • A statement on why the County you selected is appropriate,
    • Information concerning creditors (if known).

    Who approves or denies an application for informal probate in Minnesota?

    An application for an informal probate proceeding is accepted or approved by the County’s registrar.

    If approved, the personal representative or point person can proceed with other duties and responsibilities associated with an informal probate process.

    Final thoughts

    Again, if you need help with this process, contact this law office for help.

  • Top 8 Unemployment Legal Objections

    Top 8 Unemployment Legal Objections

    Unemployment legal objections can come from people who are non-lawyers.  Legal objections specific to your unemployment claim apply in two areas:

    (1) Documents submitted by DEED or the other party

    (2) Questions asked by the other party

    Unemployment Legal Objections to documents

    The following is a list of common legal objections a person can make during their hearing if they do not agree with a document:

    • Objection Relevance
    • Objection Hearsay
    • Objection Foundation

    Unemployment Legal Objections to questions

    The following is a list of common unemployment legal objections a person can make during their hearing if they do not agree with a question:

    • Objection Hearsay
    • Objection Assumes Facts
    • Objection Misinterpretation
    • Objection Misquotes
    • Objection Unclear

    When to make Unemployment Legal objections

    A person representing themselves should consider making your legal objections as soon as they believe there is an issue.  In other words, do not wait.

    What happens after you make a legal objection?

    After a person makes a legal objection, the unemployment law judge will make a ruling.  This means the judge will decide whether your objection applies and if how it impacts your case going forward.

    What if you do not make a legal objection

    If a person does not make an objection, the issue of concern likely will become unrecoverable or may not be reviewed going forward.

    Help with other Unemployment Legal objections

    Please contact this law office if you need help with determining whether an unemployment legal objection is applicable.