Joint tenancy designations fail to take into consideration the risk of incapacity (like illness or a coma), along with the death of each spouse.
These types of questions and concerns are common during the estate planning process. And, it can be quite surprising to address the pros and cons of designing better strategies for a family home.
Many married couples who purchase a home ask for joint tenancy. Others make even a bigger mistake by selecting tenancy in common.
That aside, many couples forget what they designated, until it is far too late. In general though, joint tenancy means that two or more individuals or entities have shared ownership of the real property.
One of the many reasons two people might do this, is to protect one another in case of death. For example, when a person dies as a joint tenant, their ownership is automatically transferred to the other tenants. Even as we grieve, the surviving owner will automatically be the sole owner of the property.
Unfortunately, for families who have not transferred their home into a trust or were unable to complete a transfer on death deed, joint tenancy is still a flawed strategy.
Joint tenancies fail when a surviving spouse dies, gets sick, and or becomes incapacitated. This risk can be lessened by designating an attorney in fact, using a revocable trust, and a host of other supporting documents.
Being alone impacts an estate plan. Whether scared or overjoyed with independence, being alone fails to consider two important things: (i) the love you have for yourself; (ii) our love in reaching a beautiful afterlife.
As you explore your desires to organize your estate, consider these three questions:
What place or person did you share the most joy and happiness with?
Through the course of life, what are you most grateful for?
Niblings and their inheritance is another way of saying gifting assets to nephews and nieces. The term nibling is intended to be gender neutral term, versus locking an estate plan into rigid requirements.
Before taking yourself down the path of woke pronouns, this new aged term is not for that. Instead, this is a drafting strategy because identifying which nephews or nieces will be alive in the future, is unknown.
In my experience, estate planning for nephews and nieces is a common thing for adults without children or a spouse.
As the human experience can confirm, our estate plans need to change as our family dynamics change.
If you are wishing to give an inheritance to niblings and are working through the in’s and outs of this type of asset transfer, you found the right place.
Niblings as an Estate Planning Term
One of many reasons a trust or will might use the term nibling is because the oldest or youngest nephew and niece cannot be identified.
For example, a sibling may have more children after a trust or will is created. Instead of revising an estate document after each birth, using a gender neutral term can account for new additions to a family.
Also, drafting estate planning documents usually means creating back-up plans specific to a class of family member.
So, instead of worrying about the birth order of every nephew and niece, the term “niblings” can alleviate the stress of predicting.
The Minnesota preponderance of the evidence rule is the standard used by unemployment law judges when deciding the outcome of an appeal.
In fact, this evidence rule is so very important, judges describe the rule before taking testimony from applicants. As a result, knowing this rule and standard can help applicants when seeking benefits.
What is the Unemployment Law on Preponderance of Evidence?
I am glad you asked. “Preponderance of the evidence” means evidence in support of a fact that is more convincing and has a greater probability of truth than the evidence opposing the fact.
As simple as this might look, it is actually quite complicated. I say this because unlike other types of court cases, hearsay is allowed.
On the other hand, if you recently appealed a case and saw a decision that referenced this legal term, consider seeking help.
The legal process to prove a negative is hard, but not impossible.
Sometimes, applicants believe they need to defend against their claim or disprove employment misconduct. In my experience, this is the wrong strategy.
Instead, I prefer to see Applicants turn themselves into the expert. In other words, describing firsthand accounts as if recorded everything on video. Or, interpreting company policies to their advantage versus relying on a handbook.
Evidence Needed to Prove a Negative
All to often, Applicants disregard the value of their own personal testimony. But, talking isn’t the goal. Instead, saying critical things about the process, your expectations, and how the worker interpreted the actions of those around them can really offer significant value.
The unemployment standard is a preponderance of evidence. Paper is nice, but details are better.
Three pieces of evidence isn’t a tangible thing used to catch attention. Instead, it is a reference to elements of a story explained with critical detail.
Prove a Negative with Credibility
Credibility is important too. But credibility isn’t necessarily a trust thing, although trust is important too. Credibility is about detail and sharing why an applicant knows of or responded to an event on a specific day-in-time.
Sometimes, a person can help and support their goal of becoming eligible for benefits by making explicit references to time, dates and describing a situation in detail.
Again, paper and tangible evidence is the gold standard. On the other hand, gold is harder and harder to come by when employers misconstrue facts from fiction.
Minnesota’s unemployment fax number is 651-205-4007. Sending evidence or an appeal by fax is easy. Knowing which evidence to submit or how to file a timely appeal is another story.
Another relevant story regarding the UI fax number is the number of times an unemployment law judge will suggest that they never received a fax.
Whichever camp you fall into, keep your paper trail and use these tips to your advantage.
In my experience, the unemployment office has the oldest and least efficient fax machine in the state of Minnesota. I will not bore you with stories, but I have plenty.
Because the number one risk is a fax that is never received, I encourage folks to do the following:
An applicant should never feel comfortable that their fax was received until they receive a copy of their fax by mail with watermarks containing the word “Evidence” in the lower right hand corner of each page.
Always send a tracked hard copy in the mail.
Never allow an unemployment hearing continue without acknowledging the evidence or information submitted by fax.
How do you write a trust in Minnesota? Well, the easiest way is to make declaratory decisions on paper, with clear intent, and have the document notarized.
Unfortunately, lots of people do not know what to write or where to being. For those looking for DIY options, the rules for writing a trust in Minnesota are found under Chapter 501C.
Otherwise, if you need help writing a trust, you found the right place.
Hopefully you agree that there are many advantages to writing a trust versus depending on an oral trust.
First, the person creating the trust must have capacity. In other words, a sound mind, even for a brief moment, to understand their intentions.
Unfortunately, an elderly person can be under duress by relying on their adult children.
Other times, a person can have the lack of capacity due to medication or their health.
So, the first thing needed to write a trust is having the mental capacity to create such an agreement.
What else do you need to write a trust?
For a person to write a trust in one sentence or less, consider meeting with a professional first.
In other words, a person cannot accidentally or unknowingly transfer their stuff or money into a trust without knowing and intending to do so.
To assure this element of the process, this law office asks clients to initial or sign every page making up a trust document.
Do you need anything else to write a trust?
Yes, to write a trust, a person must also specifically identify a beneficiary of their stuff or money.
This means you need to identify a recipient. An unborn or unnamed person or entity cannot be a beneficiary without meeting very specific conditions not defined or outlined in this article.
Oral trusts are a risky and unreliable way to manage or transfer assets. While some jurisdictions may recognize them in limited circumstances, they are notoriously difficult to prove and enforce.
Obviously, oral trusts lack clear documentation, which makes it easy for misunderstandings, disputes, and legal challenges to arise—especially among heirs or beneficiaries.
In court, proving the existence and terms of an oral trust often relies on witness testimony or circumstantial evidence, which is vulnerable to contradiction or misinterpretation.
Without written instructions, there’s no definitive record of the settlor’s intent, the assets involved, or how they should be distributed. This can lead to prolonged litigation, strained family relationships, and unintended beneficiaries receiving property.
In short, an oral trust is a legal gamble. To protect your assets, ensure your wishes are carried out, and avoid unnecessary drama, always formalize your trust in writing with qualified legal guidance.
Trust drafting is as complicated as one’s family dynamic. Whether you consider yourself smart, educated, uneducated, prudent, or otherwise, avoid the temptation of DIY methods.
Of courses, saving money is an attractive feature when you found a trust drafting program online that costs $49.
Drafting your own trust is like performing surgery with a YouTube tutorial—technically possible, but you probably won’t like the outcome.
Determine the Purpose of the Trust. Decide whether the trust is for asset protection, estate planning, tax efficiency, charitable giving, or another specific goal.
Choose the Type of Trust. Select the appropriate trust structure (e.g., revocable vs. irrevocable, living trust, testamentary trust, asset protection trust).
Select the Trustee. Choose a responsible individual or institution to manage the trust assets according to your wishes.
Identify the Beneficiaries. Clearly name the individuals or entities who will benefit from the trust and how/when they will receive distributions.
Identify Assets. Identify which assets will be placed in the trust (real estate, accounts, investments, etc.) and ensure proper legal transfer.
Draft the Trust Document. Prepare a legally sound trust agreement that outlines the terms, powers, and responsibilities of the trustee and the distribution rules.
Review State and Tax Laws. Ensure the trust complies with applicable state laws and consider federal and state tax implications.
Sign and Notarize the Trust. Execute the trust with all required signatures and notarization to make it legally valid.
Fund the Trust. Officially transfer ownership of the designated assets into the trust (deeds, title changes, account re-titling, etc.).
Review and Update Periodically. Revisit the trust regularly or after major life events (marriage, divorce, birth, death, asset changes) to ensure it still meets your needs.
An Asset Protection Trust is intended to shield assets from creditors and litigation. The goal is to protect beneficiaries from legal harm while preserving monetary benefits.
The process of protecting assets starts with a purposefully drafted trust. Next, the trust is funded with assets. Then, the game plan is implemented by the trustee.
If you need support with addressing this type of legal document, you are in the right place.
Again, the goal is to surround trust assets with protection, such that the beneficiary’s creditors cannot reach any of the assets.
One way of accomplishing this level of protection is to impose conditions onto the trustee. When this is not desired, there are other trust types that allow significant advantages.
Other Advantages of an Asset Protection Trust
Another benefit of this type of document is the opportunity to separates ownership of assets from the individual. Of course, there are other ways to do this. Nonetheless, this means placing assets under the control of a trustee.
Legal separation is important because makes it more difficult for creditors or claimants to access the assets. This offers a layer of financial security.
This trust type is especially useful for professionals and business owners who face a higher risk of legal action. By placing assets into a trust, individuals can protect wealth intended for family inheritance, retirement, or long-term investments.
Additionally, these types of tools can help with estate planning, reducing estate taxes and ensuring a transition of wealth to beneficiaries.
Many of planning strategies are structured in jurisdictions with favorable trust laws—such as Nevada or South Dakota domestically, or offshore in countries like the Cook Islands—further enhancing their protective benefits.
While these trusts must be carefully structured to comply with laws and avoid fraudulent conveyance, when properly implemented, they offer robust protection.
Overall, an asset protection trust is a proactive strategy for individuals seeking to preserve wealth, maintain privacy, and minimize exposure to future legal and financial risks.
A Power of Attorney is a way for all of us to plan our future and preparing for the unexpected. This type of document is one of the most powerful tools you can include in your estate plan is a financial power of attorney.
In Minnesota, this legal document gives someone you trust the authority to manage your finances if you’re ever unable to do so yourself.
But powers of attorney aren’t one-size-fits-all. The protections and flexibility they offer depend entirely.
What Is a Financial Power of Attorney in Minnesota?
A financial power of attorney (POA) allows you—the “principal”—to name another person (your “agent” or “attorney-in-fact”) to handle financial matters on your behalf. This may include managing your bank accounts, paying your bills, handling investments, or even selling property—but only if those specific powers are granted in writing.
It’s important to note that a financial POA does not give your agent the ability to make health care decisions. For that, you’ll need a separate document called a health care directive.
Choosing Your Agent: Who Can Act on Your Behalf?
You have full control over who you appoint as your agent. Most people choose a trusted family member or close friend—someone responsible, reliable, and who understands your wishes. Your agent must be at least 18 years old, and you can also name a backup (alternate) agent in case your first choice can’t serve.
This is a deeply personal decision, and the right legal guidance can help you consider not just who can serve, but who should.
A LGBTQ Estate Plan is unique, even in Minnesota. In addition to trust, estate planning for LGBTQ individuals and families means organizing planning goals and perspective.
If you are beginning to explore estate planning or want to ensure your plan reflects the unique needs of LGBTQ community, this estate planning law office invites you to schedule an appointment.
During our conversation, we can discuss a range of important topics. For example, how or if a relationship is legally recognized (partnership or marriage). Also, wishes regarding children and adoption. Further, the use or storage of genetics. Even more, naming conventions, gender identity, and beneficiaries.
My goal is to help you create a plan that respects your values and gives you peace of mind.
Although Minnesota law now recognizes same-sex marriages, a customized estate plan is still the best way to ensure your wishes.
Without a valid will or trust, assets may be distributed according to default state laws. This alone might not reflect your personal relationships or intentions.
Through estate planning, you can decide who will receive your property, manage your affairs, and oversee the distribution of assets. This is particularly important for unmarried partners and blended families. Unfortunately, the law may not automatically recognize those relationships without proper legal documentation.
MN unemployment judges are real people. Many applicants seeking benefits have never spoken to a judge prior to their appeal. For some, this causes stress and anxiety.
If you need help preparing for your unemployment appeal, you found the right place.
As you research your case, consider which rule of law helps your appeal. Then, prepare, prepare, and prepare.
Raising Issues with an Unemployment Judge
Applicants can ask an Unemployment Law Judge to review new issues. Raising an unemployment issues is supported under Minnesota Rule 3310.2910.
Of course, if the applicant doesn’t know or see the issue prior to the hearing, this too can have a detrimental impact.
Unemployment Law Judges in Minnesota
Here is a short list of judges that might be assigned to an unemployment appeal:
Allen, Lossom
Altavilla, Christina
Arendt, Kevin W
Avila, Kevyn
Bennett, Bonnie J
Berninghaus, Andrew P
Best, Eli
Blomquist, Jeffrey
Boggio, Hannah A
Conlin, Katherine A
Cornell, Rachel
Cox, David
Czeck, Tyler
Davis, Colette B
Eng, Bryan
Flynn, Megan A
Froelich, Anne
Georgopoulos, Areti
Gibson, David A
Haynes, Tiffany R
Helgeson, Karen L
Hines, Kaitlin
Humayun, Munazza
Kaehler, Lynn A
Leopold, Brian
Mackin, Sasha E
Markham, Melannie M
Martin, Twyla D
Matteson, Mara K
Phillips, Keri A
Pomeroy, Michelle
Pomeroy, Michelle
Ratzlaff, Natalie
Ritter, Kelly L
Roberts, Andrea
Simafranca, Ryan D
Skurka, Jacob J
Smith, Kathryn K
St Martin, Matthew A
Steffen, Christine
Trobaugh, Phillip J
Vincze Turcean, Claudia
Wittmer, Rebecca A
Yursi, Heather
Zugay, Dawn E
MN Unemployment Judges
When preparing for an unemployment appeal hearing, it is far more important to focus on presenting clear facts and the specific rules that support your eligibility than to worry about which unemployment law judge will be assigned.
While judges may differ in style or questioning, each is bound to apply the same laws and regulations. A well-prepared case—supported by a timely subpoena, an accurate timelines, or references to applicable rules—will stand on its own merit regardless of the judge.
Success in your hearing depends on substance, not speculation about personalities. Strong preparation is your most effective strategy.
MN Unemployment login problems look small, but they can have lasting impacts on a claim for benefits.
For example, being unable to request benefits through the DEED website can cause a person to loose hundreds of dollars. Other times, there are identify issues.
If you have an appeal and it is somehow linked to a problem with the a MN Unemployment Login, you found the right place.
Before logging into a benefit account, realize that every screen and question is designed by Minnesota’s Unemployment Insurance Office.
In other words, applications, questionnaires, and appeals must be scrutinized.
Proving Your Unemployment Identify
Proving your identify to the unemployment office is not as easy as it might appear. As I shared within Unemployment Tip #012, your online benefit account is important. Unfortunately, the unemployment office uses social security numbers to deceiver between accounts.
In my experience, the unemployment office can confuse accounts with other people. This in itself can be a reason to seek an appeal.
After Logging Into Your Unemployment Account
After logging into your account for the first time, the unemployment website will push you onto applications, questionnaires, and related links.
When applying for unemployment benefits, it is crucial to carefully read and understand every question on the application. Each question is designed to gather specific information that can impact your eligibility.
Misunderstanding or overlooking a question may lead to incorrect responses, which can result in a denial of benefits or delays in receiving them. More importantly, any discrepancies between your application and your statements during an appeal hearing can harm your credibility and weaken a claim.
Should you appeal unemployment? Except for applicants with a professional license and or those accused of unemployment misrepresentation, this is usually an easy question.
If you need help addressing an appeal for unemployment benefits, you found the right place.
When this law office works with a person deciding whether they should appeal an unemployment claim, here is what I ask:
What is the worst thing that might occur?
Is there a government agency with a vested interest in the claim for benefits?
Is there a risk for getting one’s license suspended or terminated?
Is there a concern with being asked questions under oath?
Does a future job look hopeful?
Again, the answers to these types of questions are going to be specific and personal to the person seeking benefits.
Being Under Oath
Being under oath at an unemployment hearing carries significant legal and personal risks. When testify or offering evidence, all of the above questions come into play.
Any false statement, even if made unintentionally or out of confusion, can lead to serious consequences, including charges of perjury.
Unemployment law judges (ULJs) take sworn testimony seriously, and inconsistencies or misleading statements can undermine your credibility, potentially damaging the appeal and or other legal matters.
Unlike casual conversations or informal interviews, words during a hearing become part of the official record. They can be used as evidence not only in that proceeding but also in subsequent matters.
If you’re unprepared, nervous, or unaware of the specific legal issues at stake, you might say something that is interpreted unfavorably. Because of these risks, it’s crucial to prepare carefully.
Thus, work with your attorney, understand the facts of your case, and rehearse answering questions clearly and truthfully.
If an employer lied at an unemployment hearing, immediately obtain copies of the audio from the hearing. If possible, organize evidence showing the lie. Of course, this isn’t always possible.
Then, outline the issue within more formal process called a request for reconsideration.
Unfortunately, most applicants are hardly prepared. Even worse, when the lie occurs, the employee or applicant freeze up. This isn’t helpful either. So, a strategy needs to be developed before a hearing takes place.
Employer Lied Before the Hearing
Addressing pre-hearing issues is another story. Attacking a lie is different than presenting the truth using other testimony.
Nonetheless, consider acquiring copies of a personnel file before the phone hearing takes place. Other times, applicants can seek support from a witness and or make legal objectives.
Other times, the applicant might welcome the lie because it gives the former employee an opportunity to show credibility.
Unfortunately, taking time to weigh facts and propose the strongest strategy is out of scope for a short post like this.
Employer Lied During the Hearing
When an employer’s witness lies during the hearing, this is where a claimant sometimes locks up. First, the lie is sometimes surprising to hear.
Other times, the statement doesn’t sit right and causes panic. Or, the applicant begins to look through exhibits, while missing critical testimony needing a response.
Although there isn’t a perfect answer, there is an answer. Point to evidence and make objections. Otherwise, a better answer is the process of offering additional testimony or cross examining the employer.
Unemployment Lies After the Hearing
When an employer lied at an unemployment hearing and their statement is used in the decision, what really matters then is drafting a well constructed appeal. An appeal after a phone hearing is called a request for reconsideration.
Administrative Penalties if an Employer Lied at an Unemployment Hearing
Now, lets examine penalties. When an employer lies an an unemployment hearing, admin penalties are supported by rule 268.184.
Admin unemployment penalties are the greater of $500 or 50% of the unemployment benefit incorrectly paid to an Applicant.
Notification penalties after an employer lied at an unemployment hearing are supported by the second section of rule 268.184.
Penalties under this rule could be even more significant. According to the rule, an employer must be assessed a penalty of $5,000 or two percent of the first full quarterly payroll acquired, whichever is higher.
Criminal penalties after an employer lied at an unemployment hearing are supported by the third section of rule 268.184.
Any person (officer, agent, individual, etc.) who lies at an unemployment hearing is guilty of a gross misdemeanor unless the underpayment exceeds $500. If the underpayment is more than $500, then that person is guilty of a felony.
An unemployment audit in Minnesota is really any question asked by the unemployment office. Unfortunately, every question can introduce other problems and traps.
Because questions from auditors and Minnesota DEED may turn into a bigger legal matter or appeal, take their audit review process seriously.
An unemployment audit is initiated through the Minnesota Department of Employment and Economic Development (“DEED”). For all practical purposes, DEED has the power to perform an Unemployment Audit Minnesota at any time.
Biggest risk from an Unemployment Audit in Minnesota?
The biggest risks of an audit includes monetary penalties, being accused of misrepresentation or a crime, and kickstarting an audit from another government agency.
Adding allergies to your health care directive can save your life. Do you recall adding allergies to your directive? Can you even find the section for allergies?
Covering scenarios like allergic reactions, life support, resuscitation, and organ donation on your directive helps your agent communicate with your doctor(s).
If you are unsure or need help addressing allergies, take the time to find out, find out fast.
Health Care Directives in General
Health care directives are crucial documents that outline your medical wishes in case you become unable to communicate them yourself. They provide guidance to medical professionals and loved ones regarding treatments you do or do not want.
By creating one, you retain control over your medical care, even in challenging circumstances, offering peace of mind to both you and your family.
What Is an Allergy?
Of course, you already know your own allergies, but in case you do not. An allergy is an exaggerated immune system response to a harmless substance, known as an allergen.
Symptoms range from death to mild or severe. Mild and severe allergic reactions can include sneezing, itching, hives, swelling, and in severe cases, anaphylaxis, and loss of bodily function.
Allergies can affect various parts of the body and are commonly triggered by pollen, food, medications, or insect stings.
Which Allergies On a Health Care Directive Should You List?
All allergies, big and small, should be listed on your health care directive. This includes:
The reason I use red ink to identify allergies is obvious: I want everybody and anybody caring for my health to know about my allergies.
Look, lets not make this hard. When times get difficult, everybody must know about your allergy.
Using red ink to make a point on paper can enhance visibility and draw attention due to its strong contrast against most backgrounds. Additionally, red is often associated with importance, urgency, or emphasis, making it an effective choice for highlighting key information or critical details in documents or presentations.
Thus, print allergies on a health care directive in red ink.
No Known Allergies?
Knowing that you do not have any known allergies is just as important as declaring your allergies.
Expressing your feedback to an EMT through a Health Care Directive is crucial for safe and effective medical care. Allergies can influence treatment decisions, medication prescriptions, and potential adverse reactions.
Providing accurate information ensures your doctor can tailor treatment plans to your specific needs, minimizing risks and optimizing health outcomes.
In other words, if there are no known allergies, then the section devoted to allergies should be clearly state “no known allergies”. Also, do not get fancy by using an acronym. Health care professionals do not have time to decode your health care directive when a medical emergency takes place.
Healthcare Directive Doesn’t Have Room for Allergies
If it doesn’t have a section, make a section. Running out of room is a horrible excuse for declaring specific issues regarding our health. As a result, I am not going to entertain this any further.
Allergies on a Health Care Directive: Wear a Bracelet
If you wear a bracelet or another document that contradicts your health care directive, then more problems can develop.
Wearing a bracelet declaring your allergy is a proactive safety measure.
In emergencies, it alerts medical professionals and bystanders to your condition, ensuring appropriate treatment and potentially preventing serious reactions. It serves as a constant reminder to take precautions and empowers you to navigate daily life with confidence and peace of mind.
Should You Update Your Health Care Directive?
Regularly updating your health care directive is vital as your health evolves. Changes in medical conditions, treatments, or personal preferences may render previous directives obsolete or inadequate.
By ensuring your directive reflects your current wishes, you maintain control over your medical care, preventing misunderstandings or unwanted interventions.
This proactive approach empowers you to align your end-of-life preferences with your values and circumstances, easing decision-making for loved ones during challenging times.
Regular updates also foster open communication with healthcare providers, facilitating a collaborative approach to care that respects your autonomy and ensures your wishes are honored effectively.
Best Time to Add Allergies to your Health Care Directive
The best time to get a health care directive and add information about your allergies is now. Regardless of age or health status. Unexpected medical emergencies can arise at any moment, making it crucial to have your wishes documented in advance.
By creating a directive early, you ensure that your preferences are known and respected, providing peace of mind for both you and your loved ones.
Procrastination can lead to missed opportunities and added stress during critical moments. Taking proactive steps to plan for your future healthcare empowers you to maintain control over your medical decisions and ensures that your wishes are honored, whatever the circumstance.
An unemployment reconsideration for Minnesota UI benefits is stressful, especially when the benefit is needed. However, when done right, applicants can help their their case.
Generally, the party who lost the phone hearing asks for a reconsideration by sending a written response to the unemployment law judge. This type of appeal has unusual procedures and rules.
There are two goals when filing this type of unemployment appeal, and they are not necessarily mutually exclusive.
Goal 1: Reverse the Unemployment Decision;
Goal 2: Ask the Unemployment Law Judge to order an additional phone appeal (Level I).
Before Filing A Reconsideration for Unemployment
In Minnesota, an Applicant can ask the Unemployment Office for a copy of the audio recording from the phone hearing.
Making this request is as simple as calling the unemployment appeal hotline by phone. Again, this is supported by Minnesota law.
Then, you can scrub the audio for legal and procedural errors.
What Does a Request for Reconsideration Look Like?
Both the Applicant and Employer can file a request for reconsideration. Filing this type of an appeal online limits you to a small box to write information in. As a result, it is hardly ideal to file a request for reconsideration on-line.
On the other hand, if you file a formal legal document called a Memorandum of Law, your unemployment request for reconsideration in Minnesota can be drafted in a manner that supports your request.
In other words, you are likely going to need more than a small box to highlight case-law, Minnesota rules, and space to outline legal arguments favoring your cause.
Generally, an unemployment reconsideration includes a section highlighting the issue identification number, a statement affirming your appeal, an outline of issues you are requesting a re-review of, and an explanation of laws relevant to your situation.
As a result, an unemployment request for reconsideration in Minnesota can be extremely lengthy depending on issues and exhibits.
New Evidence for an Unemployment Reconsideration
Yes, every Applicant should consider whether the new evidence might change or help influence the Judge. As seen under rule 268.105, there are two reasons an unemployment law judge will look at the new evidence:
(1) New evidence (documents, testimony, and witness) would likely change the outcome of the decision and there was good cause for not having previously submitted that evidence; and
(2) New evidence would show that the evidence that was submitted at the hearing was likely false and that the likely false evidence had an effect on the outcome of the decision.
New evidence is another layer of complexity. On one hand, the issues raised in an appeal must be addressed.
New evidence adds to the issues, which cannot even be contemplated without meeting a certain threshold. Thus, there is an art to the drafting process.
When Should an Unemployment Reconsideration be filed?
Time is not on your side. Because of Minnesota laws, you must file a request for reconsideration within a specific period of time. consider seeking help or drafting your reconsideration ASAP.
Ideally, consider seeking help before you file such that you do not waive certain rights.
Additionally, time is of the essence, as you track down evidence, exhibits, and perhaps witness documents.
Noncovered employment is a fancy unemployment term used to deny claims for benefits. In Minnesota, auditors and employers use this term to claim a person with a certain job is automatically denied benefits.
This type of denial should be appealed. But, most employers will try and fight this type of claim because loosing means that their taxes will go up.
As a result, applicants or workers must be cautious before offer evidence, just in case it inadvertently supports a noncovered classification versus covered employment.
Minnesota has a simple rule: anybody who tries to collect unemployment benefits in Minnesota after having a job classified as “noncovered employment” looses. The opposite of this is a classification called covered employment.
When I meet with people who are working through this type of matter, they are often unfamiliar with the various Minnesota laws that make a distinction. For this reason, study Minnesota statute 268.035. As you will see, Minnesota unemployment laws are dependent on worker classifications.
Noncovered Employment Legal Strategies
Your job classification cannot be dependent on an unemployment law. Instead, you can help yourself by defining your job duties and responsibilities. This is important for every worker defending their job status.
Unfortunately, applicants appealing cases like this unfamiliar with the types of acts that are most relevant. This is due to the failure of knowing the job duties that impact the claim.
Acquiring benefits is critical to the process of reducing stress so a person can focus on their job search. Fighting an evil HR person about noncovered employment is a matter that you must take on with supporting evidence.
Evidence for a Noncovered Job
When I strategies with a Client, I like to help them pinpoint the following:
Job duties;
Past job postings supporting job duties;
Comparing job classifications to other internal workers;
Asking auditors for feedback on other classified workers;
Organization charts;
Handbooks; and
Determining which Job Level was the decision maker.
Of course, every job and employer is different. Disproving negative evidence is the key.
Applicants who are successful with an appeal may reverse an overpayment. Other applicants consider different strategies.
However, success is very dependent on how an individual responds to a request for information expressed by DEED.
Are Unemployment Overpayments Serious?
You already know the seriousness of an overpayment because of the dollar value. Yes, an overpayment is serious, but reversable.
Since COVID, this law office is seeing overpayments as high as $90,000 after penalties, fines, and accusations of misrepresentation.
Process for Overpaid Benefits?
As you can see under rule 268.105, an Applicant can appeal an overpayment.
Generally, an appeal related to an unemployment claim follows the same procedures and steps as that required during other levels of the unemployment appeal process.
Are Unemployment Overpayments Legal?
Minnesota and the unemployment office can audit benefit accounts years from ever date of payment.
In other words, the Minnesota unemployment office has rights that support their ability to audit your account.
Overpayments and Misrepresentation
Sometimes, an overpayment for benefits can be attached to misrepresentation. In other words, instead of one active case, a person may have two or more case types.
One of many reasons misrepresentation or fraud impacts an overpayment is in repayment strategies and laws.
What Should You Do About an Unemployment Overpayment?
These types of benefit cases really cause a lot of stress and their impact can be far reaching. And, matters of this kind can date back months, years, and even decades.
Whether pre-covid or post covid, consider seeking help, such that you do not inadvertently make the situation more damaging.
Being denied unemployment benefits in Minnesota means being ineligible for benefits. Usually, a person will find out about a denial by viewing their account online or by mail.
Before deciding to appeal a denial of benefits, know what and how to respond, such that your benefits are not further damaged.
Before responding to a letter stating that you were denied unemployment, identify the deadline to file an appeal. This is important because you need to know how much time is allotted to draft a proper response.
Nearly every letter from the unemployment office in Minnesota will post the deadline to appeal a denial on the last page of the written notice. When seeing this in an online account, there should be a hyperlink or button stating “File Appeal”.
Wording Your Response to a Denial for Benefits
Of course, everybody wants to word their appeal in a manner that helps them get unemployment. But, this isn’t the intent of a filed response.
Whether you intend to submit evidence or introduce a witness;
Whether you are going to have an unemployment lawyer; and
Do you need an interpreter.
Employer Denied Unemployment
In Minnesota, an employer does not decide whether or not an applicant is denied benefits. Instead, a notice of ineligibility is made by DEED or the Department of Employment and Economic Development.
Certainly, feedback shared by an employer can lead to a denial of benefits. However, the employer is not the decision maker. Luckily, a denied claim is appealable.
How long does a trust last depends whether the trust document grants a trustee to remove property or assets upon defined triggering events. Otherwise, the rule against perpetuities may decide for you.
As simple as this issue might appear, when or if a trust will end depends on a number of factors. This includes:
Type of Trust Created
Capacity of the Grantor
Assets Involved
Terms of the Trust
State Law of the Grantor
Residency of the Beneficiary/Trustee
Type of Trust Created
The first element in reviewing trust duration is identifying the type of trust created. For example, A testamentary trust is going to be subject to ongoing court supervision, creating less flexibility.
For those unfamiliar with a testamentary trust, this type of arrangement is created at death using a will. Because these types of documents are highly scrutinized, they have become increasingly unpopular through the years.
Compare this to an inter vivos trust, which allows for a Grantor to be more creative in their timing of asset distribution. When you put the power in the hands of the person or couple creating the trust, by default, have more options.
Trust Lifespan and the Grantor
The duration of an inter vivos trust, like a revocable trust, is closely linked to the lifespan of the grantor. A grantor is the individual who establishes the trust.
Unlike an irrevocable trust, which typically has a fixed lifespan, a revocable trust offers the grantor the flexibility to make changes or revoke the trust entirely while they are alive and have capacity. This feature makes the duration of a revocable trust inherently tied to the grantor’s lifetime.
Living Beneficiaries Impacts Trust Duration
When trust duration or when a trust can get continued, the number of living beneficiaries must be considered. In other words, the Rule Against Perpetuities (“RAP”). This is generally handled by the trustee and their representation.
In general, the rule against perpetuities says that a trust could last for the lives of all relevant people who were alive when the trust was formed, plus twenty-one years. Unfortunately, Minnesota’s RAP is a little more complicated.
Terms of the Trust
How long a trust might last can depend on the terms of the document too. For example, a grantor can end or terminate a trust upon a specific event like reaching a certain age.
Another reason that a trust might end or fail to continue is the result of an economic inefficiency. When trust assets fail to generate sufficient returns to cover administrative costs or sustain the intended distributions, perhaps this means dissolving the trust.
Further, trust duration may be impacted by the situs state of the trust too. The situs state of a trust holds paramount importance due to its legal and jurisdictional implications. It determines the governing law, tax regulations, and court jurisdiction for the trust.
How Long Can a Trust Last?
As you can imagine, trust duration is different in every state. Every state has their own rule on determining how long a trust instrument can last. Some states are favorable, while other states are not.
States that suggest giving trusts an opportunity to last up to 360 years include Alabama, Florida, Georgia, Mississippi, Nevada, and Tennessee.
A state that has hinted at granting trusts an opportunity to last up to 500 years is Arizona. States that have suggested a trust duration of up to 1,000 years are Alaska, Colorado, and Wyoming.
Believe it or not, there are other states that suggest an unlimited period that a trust can continue. This includes Arkansas, Delaware, District of Columbia, Hawaii, Idaho, Illinois, Kentucky, Maine, Maryland, Michigan, Missouri, Nebraska, New Hampshire, New Jersey, North Caroline, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Dakota, Utah, Virginia, and Wisconsin.
Trust duration is a powerful tool in shaping one’s legacy and securing the future. By understanding the intricacies of trusts, individuals can navigate the complexities of estate planning with confidence.
Every situation is different, and there can be a lot of confusion, especially if something your former employer said doesn’t feel right.
Minnesota law 268 is a chapter of rules that impact appeals for UI benefits. Many people find out about this chapter upon getting a letter in the mail.
Whether the letter makes reference to MN Statute 268.095, 268.035, 268.085, or any other rule, finding a solution starts with identifying the issue.
268 MN Unemployment Quit Laws
When a person quits a job and seeks unemployment benefits, they are asked to compare their reason to other “good reasons”. In other words, case law.
Minnesota 268 Laws for Termination
Cases involving employees accused of employment misconduct require a different legal analysis.
The term employment misconduct in Minnesota is fact specific. In other words, every case is different because employers have different policies, guidelines, and expectations.
Utilizing research tools mentioned above may help clarify your situation or goals.
Employment Misconduct is any intentional or negligent conduct that demonstrates a disregard for the employer’s interests or that is a violation of the employer’s reasonable expectations. This doesn’t mean much unless you are comparing this to other situations and cases.
For this type of analysis, there are thousands of Minnesota cases are explain misconduct issues.
Likewise, other unemployment laws provide important safeguards for individuals who have been wrongly disqualified. Being ineligible for benefits is an appealable. i
Changes to Minnesota Law 268
Minnesota law 268 has changed many times. In fact, this law has changed more than sixty (60) different times since its original enactment in the year 1927.
Because this rule has changed so frequently, a situation involving another family member or friend is not necessarily helpful.
The unemployment court fee in Minnesota is different for individuals and applicants, versus employers.
When an individual makes an unemployment appeal to Minnesota’s Court of Appeals, the cost is waived under the Unemployment Court Fee rule. The court fee to make an appeal by an employer is $550.
That said, there isn’t a court filing fee for either an applicant or an employer when the UI appeal is heard by phone or during a process called a request for reconsideration.
There are no court filing fees for appeals heard by an unemployment law judge when scheduled by phone. And, court transcripts are generally free too. This rule is not based on income and true for employers and individuals alike.
Reconsideration Court Fees
In addition, there are no court filing fees for appeals called requests for reconsideration. Again, this is true for employers and individuals alike.
Unemployment Court Fees for the Court of Appeals
The filing fee is only paid when the employer is initiating the unemployment appeal. If an applicant files the appeal, the employer is asked to submit or attach a filing fee for their response to the matter.
Of course, these types of expenses should be considered when deciding how to proceed. However, there are many other factors to consider, which may far more significant than court filing fees and service of process.
Minnesota Supreme Court Fee for an Appeal
When a party files an appeal through Minnesota’s Supreme Court, a filing fee of $550 is required.
However, the Supreme Court in Minnesota is not compelled to hear or decide upon a case.
Estate Planning for College Students and Young Adults: Why It Matters and How to Get Started
Estate planning might seem like a topic reserved for older adults or those with significant wealth, but it’s actually a crucial step for everyone, including college students and young adults.
While it’s easy to think of estate planning as something to worry about later in life, the reality is that unexpected events can happen at any age. By taking a few simple steps now, young adults can help assure that a specific person can manage their affairs if an urgent matter arises.
Why Estate Planning is Important for Young Adults
Unexpected Events Happen: No one likes to think about the possibility of accidents or serious illnesses, but they can occur at any age. Having an estate plan ensures that your wishes are followed and your loved ones are protected if something happens to you.
International Travel: These days, young adults are traveling more than ever. One one hand, this can be a wonderful experience and opportunity for growth. On the other hand, strange things can happen. Having critical estate planning documents in place can reduce stress and anxiety.
Financial Assets: Even if you don’t have a significant amount of wealth, you might have savings, a car, or other valuable assets. Estate planning helps you determine what will happen to these possessions.
Digital Assets: Young adults often have extensive digital footprints, including social media accounts, online banking, and digital purchases. An estate plan can outline what should happen to these digital assets.
Healthcare Decisions: If you’re unable to make medical decisions for yourself, having a healthcare directive in place ensures that someone you trust can make those decisions on your behalf.
Essential Estate Planning Documents for Young Adults
Last Will and Testament: This document outlines how you want your assets distributed after your death. It can also designate a guardian for any minor children and name an executor to manage your estate.
Durable Power of Attorney: This allows someone you trust to handle your financial affairs if you become incapacitated. They can pay bills, manage bank accounts, and handle other financial matters.
Healthcare Power of Attorney: This document designates someone to make medical decisions on your behalf if you’re unable to do so. It ensures that your healthcare wishes are respected.
Living Will: A living will, or advance directive, specifies your wishes for end-of-life care. It can include your preferences for life-sustaining treatment, pain management, and other medical interventions.
HIPAA Authorization: This form allows healthcare providers to share your medical information with the individuals you specify. Without it, your loved ones might face difficulties in accessing your health information.
Steps to Start Estate Planning
Take Inventory of Your Assets: List all your financial accounts, properties, and valuable possessions. Don’t forget digital assets, such as social media accounts, email accounts, and online subscriptions.
Choose Your Beneficiaries: Decide who will receive your assets. This can be family members, friends, or even charitable organizations.
Select Trusted Individuals: Choose someone reliable to be your power of attorney and healthcare proxy. These individuals will have significant responsibilities, so pick people you trust.
Consult an Attorney: While you can create some documents on your own, consulting with an estate planning attorney ensures that your plan complies with state laws and fully protects your interests. This could be especially important for young college students who reside in Minnesota and enrolled in an out-of-state school. Or, vice versa.
Communicate Your Wishes: Make sure your loved ones know about your estate plan and where to find important documents. Communication is key to avoiding confusion and ensuring your wishes are followed.
Common Misconceptions About Estate Planning
“I’m too young to need an estate plan.”: Estate planning is not about age; it’s about being prepared for the unexpected. Young adults can benefit just as much from having an estate plan as older individuals.
“I don’t have enough assets to need an estate plan.”: Estate planning is about more than just distributing wealth. It includes making healthcare decisions, managing digital assets, and ensuring your wishes are followed.
“It’s too complicated and expensive.”: While some aspects of estate planning can be complex, there are many simple steps you can take on your own. Basic documents like wills and powers of attorney are affordable to create.
Benefits of Early Estate Planning
Peace of Mind: Knowing that you have a plan in place can give you peace of mind, allowing you to focus on other aspects of your life without worrying about the future.
Protection for Loved Ones: Estate planning protects your loved ones from having to make difficult decisions during stressful times. It also prevents potential conflicts among family members.
Control Over Your Future: By planning now, you retain control over your future. You decide who manages your affairs, who receives your assets, and how your healthcare is handled.
College Student Estate Planning
Estate planning is an essential task that should not be overlooked by young adults. It’s about being proactive and taking control of your future.
By creating a simple estate plan, you can protect your assets, ensure your healthcare wishes are respected, and provide peace of mind for yourself and your loved ones.
Don’t wait until it’s too late—start your estate planning today and secure your future.
An appeal for unemployment benefits is a lot like spaghetti junction. Each twist and turn brings about something different. Stress can compound itself when poorly drafted responses and horribly misrepresented events are highlighted by employers.
In either case, help get your appeal back on track by exploring each the how and why.
Now, if you have been getting documents in the mail, put them off to the side after putting them in chronological order. If this in itself is confusing, I am referring to any and all letters sent out through Minnesota’s Department of Unemployment Insurance.
Next, compare your newly organized letters to the information found inside your online benefit account. Are their letter matching up with the issue identification number attached to your case?
Now, determine how many appeals are necessary. If none of this is is familiar, do not despair. I recognize the impact of stress, the need for benefits, and likely inexperience families have when responding to these types of legal issues.
The way out is pinpointing the Minnesota unemployment law that supports benefits, while hedging your appeal strategies with the opportunity to acquire benefits through other means.
Writing an Appeal for Unemployment
Before submitting a written response to the unemployment office, first address where you are in the appeal process. Here are a few examples:
A hidden opportunity as a result of a wage and salary statement,
An initial appeal to a denied claim,
A response to a phone decision,
A request for reconsideration,
An appeal statement to Minnesota’s Court of Appeals, and
A number of points in-between.
Every response and submission will pop up in the future, which is why you must realize how your response will fit in to the bigger picture. Thus, your written appeal depends on your starting point.
Unemployment Deadlines for an Appeal
Now that the foundation of an appeal has been set, lets address the next issue: appeal deadlines. Unemployment deadlines always run the show. When deadlines have come and gone, an appeal statement may need to address other issues, like timeliness and or a lack of notice.
On the other hand, if the deadline for the appeal for benefits is still in the future and before you can draft a response, please consider how the appeal will look. In other words, how the appeal gets perfected.
I very much dislike the need to use legal jargon, but it is important. If you are unfamiliar with “perfecting” an appeal, in general, this means the process of making sure the unemployment office receives notice that a decision or matter is being challenged.
Remember, there are may different types of appeals. And, just because your online benefit account seems easy and straight forward, never under estimate technology and the internet failing us when we need it the most.
Filing an Appeal for Benefits
The next step in analyzing unemployment appeals is determining how the appeal should get submitted. But wait, you still need help writing the perfect response. I get it. You are anxious, which is half the problem. Every detail matters and this needs to be thought through.
Again, appeals are filed and submitted differently based on where you are in the process. For example, an unemployment appeal to Minnesota’s Court of Appeals works through the Court Clerk. Appeals online should utilize links found within an online benefit account, while other types of appeals can only become perfected upon the filing of a fax or formal memorandum.
Again, content matters for every appeal. On the other hand, if the appeal cannot be traced, tracked, and proved, then you must ask yourself whether or not the Unemployment Office is going to be unforgiving down the road.
Unemployment Statement For Your Appeal
Your unemployment appeals statement matters. So much so, whatever the web has produced for you thus far, I am confident it was bad advice. In other words, what you are about to read is going to be different than what you expected.
The truth is, for those who have not spoken with an unemployment law judge, you are not ready to lock in a response, because you do not have the contents of their yellow envelope.
But wait, you need something specific because your online account is asking for it. Don’t fall for their trap. Sharing a reason for an unemployment appeal to early can cause significant problems down stream, whereas changing your tune after the fact can be just as troublesome. Instead, control the game and give yourself the best opportunity for success.
Reasons For Your Unemployment Appeal
Hopefully, there are all kinds of good reasons that you are eligible for benefits. Many of the reasons a person is eligible for benefits starts with something from Minnesota Statute 268.095. When matters and events fall in the gray, one can turn to legal precedent.
There is tremendous value in sorting through the storyline and obtaining help with determining what to say in an unemployment appeal and addressing the best time to say it.
If you need this kind of support, you found the right place.
A Veteran Benefits Trust is exclusive to former members of the military and their spouse. This type of trust is used for planning VA pension benefits or Medicaid.
Veteran Trusts for VA Benefits
Veteran Trusts are exclusive to those that served and designed to shield assets from creditors, like the State or a Nursing Home.
Even more importantly, they identifying assets as non-countable when addressing your eligibility for VA Benefits.
If you are a military family and you like the idea of protecting and preserving your assets or accounting for your Thrift Savings Plan, you found the right place.
Why VA Benefit Trusts Are Irrevocable
There is a very good reason why a Veteran Benefits Trust is irrevocable. This is done to protect and preserve the asset for beneficiaries.
In other words, it is a legal arrangement, where assets are transferred by the grantor. Then, the veteran relinquishes ownership and control permanently. This is done to protect the assets.
Ultimately, a VA benefit trust offers military families an opportunity to preserve and secure their legacy. This can be critical when considering the value of a home, cabin, gun collection, and or financial account.
Audio About a VA Benefits Trust
VA Forms for a Veteran Benefits Trust
In addition to the creation of the trust, a military veteran may need support with communicating the right message between them and the VA.
Here is a short list of related VA forms often needed when seeking protection under a VA benefit trust.
Appointment of Claimant’s Representative
The Veterans Administration uses Form 21-22A to allow a military veteran and or their family member to appointment an attorney as their representative.
This form is needed for the purpose of working with the VA throughout the eligibility determination process.
Unfortunately, Aid and Attendance is not a guaranteed benefit. Before applying for this benefit, many military families will seek and or set up a VA Benefit Trust.
Pension Applications and Non-Service Pensions
Specific to pension applications, VA Form 21-527EZ is used when the Veteran is applying for non-service connected pension benefits.
Application for DIC, Death Pension and or Accrued Benefits
VA Form 21-534EZ is used when the Surviving Spouse of a Veteran or a Veteran’s dependent is applying for non-service connected pension benefits.
Disclosing Personal Information to a Third Party
As veterans, our information has been stolen or lost more times than I am willing to acknowledge. To prevent this from reoccurring, VA Form 21-0845 is used to authorize the VA to release information to people other than the applicant.
Examination for Housebound Status or Permanent Need for Regular Aid and Attendance
Another difficult component to this process is finding a doctor what is trusted by the Military veteran. For some, this means turning to a VA medical facility.
For others, a private practice doctor is far better. In either case, documenting needs is governed through a specific VA form.
VA Form 21-2680 is used by an applicant’s physician to complete and is where the physician will document that the applicant needs assistance with activities of daily living.
Medical Expense Report
The military veterans form that details the applicant’s fixed recurring monthly expenses and is needed to demonstrate financial need for pension is called VA Form 21P-8416.
Request for Nursing Home Information in Connection with Claim for Aid and Attendance
VA Form 21-0779 must be completed by an administrator at the applicant’s nursing home and it details the type of care the applicant is receiving and confirms his or her residency in the facility.
Lawyer for a VA Benefits Trust
Did I mention that I am a military veteran too? Nonetheless, with my VA accreditation, I help and advise Clients with the VA forms referenced above. Again, prior to the completion of these forms, qualifying military veterans and their spouses may decide to seek out a lawyer for a VA benefits trust.
If you’re searching for an accredited VA attorney, consider contacting this law office for a free visionary meeting. Then, you can share your goals and planning needs.
Submitting Military Records and Documents
Of course, being able to review relevant estate matters and military records requires an attention for detail. Many military veterans are unable to utilize or access a computer.
This law office will facilitate the the most efficient and secure method to assist your needs.
Trust lawyers near , whether in Minnesota or otherwise, play a pivotal role in navigating the complex terrain of estate planning and asset management. If you are looking for a trust attorney, you found the right place.
As an introduction to trusts, the goal of meeting with an attorney practicing in this area is determining if the fit is right. If so, the lawyer you select can help you prioritize a trust type or purpose. Then, drafting and formalizing the trust, funding the trust, and administering it. Sometimes, there is a need to modify a trust document. Either way, this law office services these needs.
Role of a Trust Attorney
Being a trust lawyer, legal issues and matters often overlap. This includes real property, family dynamics, business succession, family farms, special needs, preserving veteran benefits, insurance, disabilities, tax issues, transfers, and many additional economic and fiduciary issues.
Whether crafting revocable or irrevocable trusts, charitable trusts, or special needs trusts, a trust trust lawyer provides personalized solutions tailored to a specific trust purpose.
Audio From a Trust Lawyer
Here is a simple message from a Trust Lawyer near:
Lawyer for a Trust and a Will
In every case, a lawyer drafting a trust is going to advise a person or family to include a will. When a person or family has a revocable trust, a there is a special type of will called a Pour Over Will. This specialized will type serves as a crucial component of an estate plan.
A pour over will ensures that any assets not previously transferred into the trust during the individual’s lifetime are “poured over” into the trust upon their death. Essentially, the pour-over will acts as a safety net. It captures any overlooked or newly acquired assets. Also, it directs the assets into the trust for distribution according to the individual’s wishes.
An attorney drafting a trust and will, is doing so to maintain the integrity and efficiency of the trust. This planning strategy provides continuity by ensuring that all assets, regardless of their nature or timing of acquisition, are ultimately governed by the provisions of the trust.
This streamlined approach simplifies the administration process for the executor and facilitates the seamless transfer of assets to designated beneficiaries. Further, it minimizes the risk of costly probate proceedings and ensuring the fulfillment of the individual’s estate planning objectives.
Services Offered
Estate Planning
Estate planning is a comprehensive process. It involves making arrangements for the management and distribution of one’s assets and affairs in the event of death or incapacitation. It encompasses a range of legal and financial strategies tailored to individual circumstances and goals.
At its core, estate planning aims to protect assets, minimize tax liabilities, and ensure the smooth transfer of wealth to chosen beneficiaries. This may involve drafting wills, establishing trusts, designating powers of attorney, and creating advance directives for healthcare decisions.
Estate planning is not solely about wealth transfer; it also addresses broader considerations. For example, guardianship for minor children, charitable giving, and end-of-life care preferences. By carefully crafting an estate plan, individuals maintain control. Even better, it provides loved ones’ with security of values and priorities.
Moreover, effective estate planning can alleviate family disputes, streamline the probate process, and provide peace of mind.
Trust Administration and Probate
The administration of a trust and court process like probate, manage the affairs of a deceased person in two distinct processes. Both involve settling a deceased person’s estate, each with its own procedures and implications.
Trust administration typically occurs when assets are held in a trust and bypass probate. A trustee, appointed by the trust creator, manages and distributes these assets according to the trust’s terms. This process is often more private, efficient, and cost-effective compared to probate.
In contrast, probate is the court-supervised process of distributing assets. Without a properly funded trust, a court must make certain validations.
While trust administration and probate serve similar purposes—settling a decedent’s affairs and distributing assets—they differ significantly in their procedures, timelines, and costs. Trust administration tends to be smoother and less time-consuming, while probate can be more complex and expensive, often involving court proceedings and potential disputes among heirs.
Trust Attorney in Minnesota
You found a trust attorney in Minnesota. When I meet with a potential client, I do so by phone, email, video, and one-on-one. If you live or work in the Twin Cities, great! Otherwise, where you live is not a roadblock, as this law office serves Clients in all areas of the world.
Again, this law office serves individuals and families with issues specific to a trust, near and afar. So, whether you are limited to a cell phone or reside in Minnesota, this law office is prepared to hear more about your planning goals or the administration of a trust already established.
Edina, Bloomington, Woodbury, Eden Prairie, St. Louis Park, Hopkins, Minnetonka, Minneapolis, Burnsville, Eagan, Plymouth, Wayzata, Blain, Anoka, Prior Lake, Chanhassen, and nearly ever city in-between.
Trust Planning Lawyer in Edina, Minnesota
If you’re seeking a trust lawyer in Edina, MN, consider scheduling consultations to discuss your specific needs and gauge compatibility. A skilled trust lawyer near you should offer personalized advice, transparent communication, and a commitment to protecting your assets and legacy.
By choosing a trusted local attorney, you can navigate the complexities of estate planning with confidence and peace of mind.
Lawyer for Trusts Near Edina, Minnesota
Contact a Trust Lawyer
Contacting a trust attorney about a consultation is as simple as completing the form below. Thus, if you are looking for personalized guidance, this law office looks forward to the opportunity to meet with you.
No attorney-client relationship is formed by contacting this law office. If you contact IAJ Law, LLC by phone, text, social media, e-mail or through any other means, you may not necessarily receive a response.
Checking sports scores at work can lead to conflict. When the conflict turns into a termination, employees have an opportunity to fight back. To see the case I referred to during Episode 006 of the Podcast, consider looking at Court of Appeals A10-146.
Small business in Minnesota are impacted by the Corporate Transparency Act (the “CTA”). If you are unaware of this new set of rules, it was enacted by Congress as part of its on-going effort to combat terrorism, organized crime, and money-laundering.
As distant as these issues might appear, this new rule set impacts small and large biz. For businesses owned by military veterans, this new rule impacts them too. Whether the business is domiciled in Minnesota or otherwise, this rule demands planning from business owners.
Corporate Transparency Act Requirements
The CTA requires certain entities (called “reporting companies”) to report information about the companies themselves,. Their beneficial owners and company applicants (the persons who signed the formation documents for the entity) are impacted. As a sidebar, this will further increase proxy agents and the fees they charge.
Back on point, this rule set is so overly broad, that it impacts big and small companies. This includes mom and pop shops. I share your frustration. Nonetheless, it is vital to understand that failing to meet CTA requirements may result in severe penalties. This can be planned for and avoided. But, failing to accurately and timely filing their required reports may initiate audits and other efforts.
Business owners can file reports online using the system created by Financial Crimes Enforcement Network (“FinCEN”). FinCEN is a department of the United States Treasury.
Reporting Deadlines for the CTA
The first issue is determining when the entity or business was created. The CTA looks at whether the small business or large business started on or before December 31, 2023. Reporting for these entities are delayed until January 1, 2025.
However, entities formed on or after January 1, 2024 are subject to these rules. In other words, the Corporate Transparency Act requires “new” businesses to report under a tighter deadline. Under a revised rule issued November 29, 2023, FinCEN extended the deadline for entities created in 2024 ONLY to no later than 90days after the entity is formed, instead of the original 30 days.
For new entities created on or after January 1, 2025, the reporting deadline will be no later than 30 days after the entity is formed.
Even with an extension in 2024, this may be a very short time to gather all the required information. So, it will be important for those who are forming entities beginning in 2024 to start gathering required information. Ideally, gathering information before the entity is created.
While it is acknowledged that several professional organizations have petitioned Congress to delay implementation of the CTA, business owners should not defer preparation for the CTA, banking on a delay being granted.
Homestead limits can be an asset protection tool, as it can protect homeowners from liability and creditors. There are far better estate planning tools to protect assets. But, sometimes we need to slow down and review the basics.
I call homesteading a basic tool because it was created by statute and generally with limited effort. For those new to asset protection, homestead exemption limits refers to the restrictions imposed on the size and value of property that can qualify for this rule.
The concept is rooted in the idea of providing a certain level of protection for a family’s primary residence, known as the homestead, from financial challenges. That said, every state has a different rule and limit.
Homesteading Limits are Jurisdiction Specific
In many jurisdictions, there are specific limits on the acreage and assessed value of a property to be eligible for homestead exemption. These limits vary widely depending on local laws and regulations. For this reason, a trust can offer far more advantages.
Nonetheless, limits can vary widely, and it’s crucial for homeowners to be aware of the applicable rules in their jurisdiction.
Best States for Homesteading Limits
Some of the stronger states with the highest homesteading exemptions include:
Asset Protection Tools Versus A Homestead Designation
Like I mentioned earlier, there are many estate planning tools that can help families protect their assets above and beyond a homestead limit.
Asset protection tools are crucial for safeguarding wealth and minimizing financial risks. Diverse strategies and instruments exist to shield assets from potential threats such as lawsuits, creditors, and economic downturns.
Trusts, including revocable and irrevocable trusts, offer a flexible means to manage and protect assets. Limited liability entities like LLCs and corporations provide a legal barrier, shielding personal assets from business liabilities.
Also, insurance policies, including life, umbrella, and liability insurance, play a vital role in risk mitigation. Understanding and strategically employing these asset protection tools is essential for
Every nursing home TV will be turned to the NFL playoff games scheduled in the near future. Unfortunately, the NFL has failed our Seniors and Care Providers by moving their games onto a paid subscription app.
Even if you are not watching the next playoff game from an assisted care facility, put yourself in your grandparents shoes for a brief moment.
Smart TVs, with their advanced features and interactive capabilities, have become a staple in modern households. However, for the elderly, adapting to these technologically sophisticated devices can pose a significant challenge. The very features that make smart TVs appealing to younger generations can make them difficult for the elderly to navigate and utilize effectively.
One of the primary issues is the complexity of the user interface. Smart TVs often come with intricate menus, numerous options, and a variety of apps, which may overwhelm elderly users who may not be familiar with modern technology.
The small fonts and icons on the screen can also be challenging for those with visual impairments, even if the TV boasts high resolution. If you want to experience this issue firsthand, try picking up your nephew’s Nintendo Switch.
Anyways, navigating through television interfaces, downloading an app carrying an NFL football game, paying for a subscription, and being ready for the kickoff is getting ridiculously complicated for our elderly. Even worse, using a remote control or a smart TV keyboard can be cumbersome for seniors, especially those who are not accustomed to using such devices.
More Television Hurdles for our Elderly
Another hurdle is the constant need for software updates and the potential for changes in the user interface. While updates are essential for improving functionality and security, they can create confusion for older users who may struggle to adapt to new layouts or features.
Crud, what about nursing homes located in rural areas with bad internet service? The need for internet connectivity to access various smart TV functionalities may be a barrier for elderly individuals who are not comfortable with or do not have reliable internet access. Never mind those that have access and need help updating ports, extenders, and everything else that goes with it.
Streaming Services for our Elderly
The plethora of streaming services and apps available on smart TVs can be overwhelming. Nursing home TV sets are no different. Elderly families grew up with 2-5 channels at most. A young person in their teens or even their thirties sent to help grandpa or grandma might not recognize this. I am telling you right now, the stress of watching a football game is becoming unbearable for your loved one.
While these services offer a vast array of entertainment options, understanding how to subscribe is hard. You need a credit card. You need functionality of your hands and remote. These two elements are not easy for the elderly.
Now, include navigating the television and switching between HDMI 1 and HDMI 2, and you might as well forget it. Wait, did we fail to mention a username, email address, and password too?
Voice Recognition for Nursing Home TV
The integration of voice recognition technology on a nursing home TV doesn’t help either. A common feature in smart TVs, is meant to enhance user experience. However, for the elderly, using voice commands may not be intuitive or may require a learning curve. Accents, speech impediments, or simply unfamiliarity with the technology can lead to frustration when attempting to control the TV verbally.
To address these challenges, manufacturers and designers need to prioritize user-friendly interfaces with larger fonts, simplified navigation menus, and intuitive controls. Offering comprehensive tutorials and ongoing technical support can empower older users to confidently use and enjoy their smart TVs.
Further, making updates more seamless and providing options for offline use can enhance accessibility for those with limited internet connectivity.
It is my opinion that smart TVs and their manufactures must aim to bridge the generational technology gap and ensure that the benefits of these devices are accessible to users of all ages.
A power of attorney in Minnesota is the process of using a piece of paper to grant another person powers. These powers are significant.
Families use a power of attorney form as a supplement to other estate planning documents, like a revocable trust, to provide for and manage life when things go wrong or as life changes.
When Do the Powers Start?
There are two different times when POA documents can start. The first is immediately and the second is in the future. Being able to pick when you want a Power of Attorney form to start is an important ability.
Of course, whenever families are given choices, it can be difficult to decide which is best. In my experience, a person already knows. In other words, ask whether you trust the person you are considering as an attorney-in-fact. Then, review their personal attributes and tendencies.
Advantages of an Immediate Power
The immediate activation of a power of attorney provides swift and seamless delegation of authority. Also, it offers a crucial advantages in various scenarios.
This proactive approach ensures a smooth transition of decision-making power, especially in situations where prompt action is essential.
For instance, in the event of a sudden illness, business transaction, or travel, having the power of attorney take effect immediately allows the appointed agent to act promptly on the principal’s behalf, addressing urgent matters without delay.
Further, this immediate activation proves beneficial in financial and legal matters. This enables timely execution of contracts, property transactions, and other time-sensitive affairs.
Also, It simplifies administrative processes and eliminates potential delays. An action that is contingent on a triggering event is sometimes far to cumbersome.
Overall, the immediate start of a power of attorney streamlines decision-making, promoting efficiency and responsiveness to the principal’s needs.
Springing Powers for a Power of Attorney
Now, sometimes families formalizing their estate planning documents want a delay. This is called a springing power.
A springing power of attorney offers several distinct advantages, providing a flexible and safeguarded approach to managing one’s affairs.
Unlike a regular power of attorney that takes effect immediately upon execution, a springing power of attorney “springs” into action only under specific conditions outlined by the principal.
This delayed activation allows individuals to retain control over their affairs. For some, there are tax reasons why this is important. For others, waiting until a triggering event, such as incapacitation or illness, just makes sense.
One primary advantage is the preservation of autonomy. With a springing power of attorney, individuals maintain decision-making authority over their financial, legal, and healthcare matters until they are unable or unwilling to handle them. This feature is particularly valuable for those concerned about potential abuse or misuse of power.
Additionally, the springing power of attorney enhances privacy by ensuring that the appointed agent steps in only when necessary. This prevents unnecessary intrusion into the principal’s affairs during periods of competence and independence.
Moreover, the springing mechanism provides a built-in safety net. It addresses the risk of premature activation by requiring a clear demonstration of the specified triggering event.
The demonstration of an event is usually documented through the certification of a professional, like a medical doctor.
The Magic Behind a Power of Attorney
Every family and situation is different. Discover the secrets and benefits of the Power of Attorney by reviewing your goals and obtaining an unbiased opinion on timing. A durable POA might be the key to an empowered decision that can occur in the present.
So, unlock the potential that an intentionally crafted document holds for your life’s journey. Your future self will thank you.
The best time for an estate sale is after it is approved by a court administrator. Even better is when an estate sale is granted as a probate avoidance technique under a trust document. Choosing the optimal time to host an event to rid you of a family member’s personal property is hard.
Luckily, there are opportunities to maximize your success. For some., this means utilizing Facebook Marketplace. For those who are new to this, maybe timing is more important.
Again, assuming a court or trust document has already granted a family authority to begin an estate sale, several factors come into play when determining the best time.
Factors to Consider
One key aspect to consider is the season. Late spring and early fall are generally considered the ideal seasons for estate sales. During these times, the weather is often milder, encouraging more people to venture out and attend sales. Additionally, individuals tend to be more active in decluttering and refreshing their homes during these transitional seasons, making it an opportune time for selling.
Weekends are typically preferred over weekdays for estate sales. Saturday is popular because it allows potential buyers to allocate more time to explore the sale without the constraints of work obligations. Sunday can also be a viable option, although some people may have religious or family commitments.
If possible, schedule the estate sale around other garage sale events. One of my favorite events all year long is Woodbury’s Lion’s Garage Sale. Of course, most estate administrations needs are without notice, but you get the point.
Also, avoid scheduling the event during major holidays or local events that could divert potential buyers’ attention elsewhere. Holidays often mean people are engaged in family gatherings or other activities, reducing the likelihood of attendance. Additionally, checking the local calendar for community events, festivals, or large-scale activities is essential.
Again, the best time to have an estate sale is typically during the spring or fall, on a weekend, preferably a Saturday, avoiding major holidays or local events. Being mindful of the local market conditions and economic factors will also contribute to a successful administration of your loved one’s property.
Presently, the federal gift tax exemption is $13,610,000 per person or $27,220,000 for a married couple. This is scheduled to decrease on January 1, 2026, to about $7 million per person or $14 million for a married couple.
This means there is a significant planning opportunity to use the current high exemption amount. This is important because many parties which to avoid paying an estate or gift tax of 40% on the transfer. This planning opportunity will disappear after 2025 (unless Congress acts to change the law).
It is possible to create trusts that will ultimately benefit your chosen beneficiaries in a manner that is tax efficient. The idea is to protect them from future problems. for example, creditors and divorce. A trust allows for flexibility for the future.
Tax Avoidance Techniques
Estate tax avoidance involves employing legal strategies to minimize the impact of estate taxes on an individual’s wealth transfer to heirs upon death. Taking gift tax exemptions into account, various techniques exist to mitigate the estate tax burden. This ensures that a substantial portion of an individual’s assets passes on to beneficiaries.
One commonly used approach is establishing a revocable living trust. This allows an individual to maintain control over their assets during their lifetime. Also, this helps avoid probate and potentially reducing the taxable estate. Tax avoidance techniques requires an analysis of gifting opportunities, which can be managed through a trust.
Lifetime gifting is another effective technique, enabling individuals to transfer assets to heirs before death, thereby utilizing the annual gift tax exclusion and reducing the taxable estate.
Utilizing the marital deduction is a fundamental method for married couples, allowing the unlimited transfer of assets between spouses without incurring estate taxes. Charitable giving also plays a role in estate tax planning, as donations to qualified charitable organizations may reduce the taxable estate while benefiting the community.
Plan For Gift Taxes
Single persons and families with an interest in using their current high estate and gift tax exemption amount must start their planning process, before this opportunity is taken away by Uncle Sam.
This law office anticipates the rush for such estate planning will be quite high. As a result, consider this process before it is to late.
A non compete agreement in Minnesota recently took on a new look. Recently, Minnesota adopted a new law. The law for covenants not to compete clearly says such agreements are void and unenforceable. Unfortunately, the statute has a massive number of conditions, assumptions, and loop holes.
In other words, the new laws surrounding non-compete agreements don’t necessarily help workers in every situation.
New Law for Covenants Not to Compete
Minnesota’s new law is found under Minn. Stat. 181.988. The statute clearly says covenants not to compete are void and unenforceable. However, there are all kinds of problems with the rule.
First, the new rule appears to apply to agreements made after July 1, 2023. That said, this law office anticipates lots of litigation concerning the effective date of the rule and whether agreements before July 1 of 2023 are impacted.
Second. the law has a bunch of exceptions where Minnesota’s new rule doesn’t apply. This includes:
Trade Secrets
Confidential Information
Non Solicitation
Client Contacts
Customers
In other words, there is a strong chance that employers will find ways to downgrade the law by intersecting customer lists with written agreements. In all likelihood, this will cause litigation problems in the future too.
Non Compete and Legal Remedies
Now, the biggest kicker of them all is the fact the rule supports attorney fees. Statutes that make reference to attorney fees is a deterrent to others with lesser claims. In other words, those with weak cases are less likely to push the limits.
Interestingly enough though, the clause in favor of attorney fees is one sided and favors the employee. So, employers seeking injunctive relief are going to be forced to make very difficult decisions.
Having multiple trustees named in a trust document can offer several advantages. However, it also comes with its own set of challenges. Here, I will explore the pros and cons of having more than one trustee acting simultaneously.
Pros:
Diverse Expertise: Having more than one trustee can bring a variety of skills and expertise to the management of the trust. This can be especially beneficial if the trust involves complex financial or legal matters, as each fiduciary may have a unique perspective and knowledge base.
Checks and Balances: Having more than one trustee provides a system of checks and balances. This helps prevent the abuse of power or decision-making by a single individual, reducing the risk of fraud or unethical behavior.
Continuity: In the event that one trustee becomes incapacitated, resigns, or passes away, having multiple trustees ensures continuity in trust management. This is particularly important for long-term trusts that span several generations.
Reduced Burden: Mandated duties can be demanding and time-consuming. Distributing responsibilities among multiple trustees can lighten the workload for each individual, making it more manageable and reducing the risk of burnout.
Consensus Decision-Making: Having more than one trustee encourages a collaborative approach to decision-making. This can lead to more thoughtful and well-rounded choices as trustees must come to a consensus, taking into account various perspectives.
Cons:
Communication Challenges: Coordinating decisions among multiple trustees can be challenging. Differences in opinions, communication styles, or conflicting schedules may lead to delays in decision-making, potentially impacting the efficiency of the trust management. Take into consideration the challenges of adding an Attorney in Fact, and communication challenges can really get out of hand.
Conflict of Interest: With more than one person or corporation making decisions, there is a higher likelihood of conflicts of interest arising. Each party may have their own personal or financial interests, leading to disagreements over trust management decisions.
Complex Administration: The administration of a trust can become more complex with multiple trustees, especially if they are located in different geographic areas. Coordinating meetings, managing paperwork, and ensuring compliance may become more intricate.
Costs: Having more than one trustee may lead to higher administrative costs. Each fiduciar may be entitled to compensation for their services, increasing the overall expenses associated with trust management.
Decision Deadlocks: Disagreements among trustees can lead to decision deadlocks, where the inability to reach a consensus hinders the progress of important trust matters. This can create frustration and may require legal intervention to resolve.
While having more than one trustee can offer benefits such as diverse expertise and checks and balances, it also introduces challenges like communication issues and conflicts of interest. Careful consideration of the specific circumstances and goals of the trust is essential when deciding whether to appoint multiple trustees.
Accessing Facebook for deceased family members can be critical for the estate planning process. Of course, after a family member dies, we want to connect with everyone who was their friend or family. For this, Facebook can be very important.
That said, consider everything else, like photos, birthdates, and important dates. When our family members die, their digital assets need unlocking.
In the digital age, our online presence has become an integral part of our identity. Social media platforms, such as Facebook, play a significant role in connecting people, sharing memories, and preserving a digital legacy. However, when a loved one passes away, accessing their Facebook account to manage or memorialize it can present unique challenges.
In this article, I will explore the steps and considerations for accessing Facebook on behalf of a deceased family member.
Facebook’s Memorialization Feature
Every social platform comes with a set of challenges. Facebook claims they recognizes the delicate nature of dealing with a deceased user’s account and has introduced a memorialization feature. Their memorial tool allows family members and friends to request the memorialization of a deceased person’s account. Once memorialized, the account serves as a place for friends to share memories, but no one can log in or make changes to the account.
Accessing Facebook for deceased family members is frustrating. Without taking into consideration specific digital asset laws, a personal representative or trustee can also ask for help during the probate process. When time is of the essence, probate isn’t always the best first step.
Requesting Memorialization
To initiate the memorialization process on Facebook, consider these steps:
Verification of Relationship:
Facebook requires verification of the requester’s relationship to the deceased. This can be done by providing the deceased person’s obituary, a link to an online memorial, or other documentation.
Do not go crazy with your verification. Sending a copy of an entire trust document is never recommended. More so, dates of birth and social security numbers must be protected.
Submit a Request:
Use Facebook’s online form to submit a request for memorialization. The form includes details such as the deceased person’s name, account URL, and the relationship to the requester.
Provide Proof of Death:
Facebook requires proof of the person’s passing, usually in the form of an obituary.
Likely, the idea of accessing Facebook for deceased family members is in preparation of a funeral. Facebook is not your friend and you should never freely send off an official document like a Death Certificate.
Await Confirmation:
Facebook reviews the submitted information and, upon approval, memorializes the account. The requester will receive a confirmation email once this process is complete.
Legacy Contacts
In addition to memorialization, Facebook says they grant users an opportunity to appoint a “legacy contact” before their passing. A legacy contact is someone designated to manage the memorialized account, post information, and respond to friend requests.
Unfortunately, this usually goes bad when the legacy contact doesn’t align with certain estate planning documents.
Conclusion
Accessing Facebook for deceased family members requires a delicate balance of law, respect, adherence to platform policies, and a careful approach to preserving a digital legacy.
By following the memorialization process and considering the legacy contact option, you can navigate this challenging task with sensitivity and honor the memory of your loved one in the digital realm. If you cannot, perhaps that is a signal for additional support.
How to appeal unemployment really depends on the person. Most often, this question come up when a person is trying to decide what to write as their appeal. Other people have problems accessing their online account and literally cannot figure out how to make it work.
Before contacting the Work Force Center, consider engaging an unemployment lawyer for help.
In Minnesota, there are three ways file an appeal for unemployment: online, mail, and fax. Because of the severity of a negative outcome, please treat this element of the process with respect.
An appeal for unemployment appeal should be viewed as a complicated legal procedure. That said, it isn’t because a person cannot do this on their own. Instead, it has more to do with protecting a person in favor of awarding benefits.
Appealing Unemployment Online
Deciding to appeal a claim online has advantages. Of course, there are disadvantages too. It really depends on the situation for the applicant.
How to Appeal Unemployment
A lot of times, how to appeal unemployment online is strange because many people have never done this before. What will the next screen say if you click here or there? Unfortunately, this is where seeking help might make sense.
When filing an online appeal, actions get triggered and the process moves onto other steps. If you have not made decisions about evidence, perhaps this should be considered first.
Unemployment Deadlines
Yes, there are deadlines for filing an unemployment appeal. In a perfect world, everybody would file their appeal before the statutory deadline. But. things happen and sometimes I need to explore and pinpoint legal reason why an unemployment appeal should be accepted after the deadline.
If a deadline is impacting how to appeal unemployment, consider seeking a professional opinion.
Unfortunately, the people answering the phone system at Minnesota’s Department of Employment and Economic Development (“DEED“) are not up to speed on the legal reasons for accepting an appeal after time has expired.
After You Appeal Unemployment
After you file an appeal, Minnesota DEED should schedule an evidentiary hearing in front of an unemployment law judge (ULJ). That said, the unemployment office looses things, forgets things, and sometimes fails to send out information by mail.
In any of these situations are you, thinking the situation will fix itself isn’t always the strongest position.
Osseo, Minnesota is a beautiful area. Recently, my estate planning practice brought me to Osseo, and I could not have been more pleasantly surprised. After inadvertently running into a gigantic monument in support of those that served, I was hooked.
One of the standout qualities of Osseo is its strong sense of community. Even though I missed the Osseo Lions Roar, a celebration of heritage and values, I felt the warmth of those who make this area a wonderful spot.
As you can imagine, estate planning covers a lot of ground and follows our beneficiaries. Whether our children or grandchildren are in Osseo or elsewhere, the idea is offering them the flexibility to come and go as needed.
Hopefully, your beneficiaries continue the tradition and legacy you helped build. If they don’t, there is a plan for that too.
Home accidents are a common concern for older adults. Aging can bring physical changes that may increase the risk of falls, burns, and other accidents in the home. Luckily, an intentionally drafted health care directive and or HIPAA authorization form can help when an accident occurs.
Does grandma forget to turn off the gas stove? Burns are also a common risk for the elderly, especially in the kitchen or while using hot water. To prevent home accidents like burns, it is important to keep hot surfaces and appliances out of reach, and to set water heaters to a safe temperature.
Additionally, home-related accidents can occur from a lack of home maintenance, such as broken stairs or handrails, faulty electrical wiring, or plumbing leaks. Regular home inspections and repairs can help prevent accidents and promote a safer home environment for the elderly.
Top 9 Home Accidents for the Elderly
Here are nine of the most common injuries for the elderly:
Falls: Falls are the most common cause of injury among the elderly. Falls can lead to broken bones, head injuries, and other serious injuries.
Fractures: Fractures are common among the elderly due to the loss of bone density that occurs with aging.
Burns: Burns can occur from cooking, bathing, or other daily activities and can be especially dangerous for the elderly who may have slower reflexes or decreased sensation.
Cuts and Bruises: Cuts and bruises can occur from falls, accidents, or minor injuries. The elderly may have thinner skin, making them more susceptible to cuts and bruises.
Brain Injuries: Traumatic brain injury can occur from falls or other accidents and can be especially dangerous for the elderly.
Hip Fractures: Hip fractures are a common injury among the elderly, especially women.
Sprains and Strains: Sprains and strains can occur from overuse or injury and can be especially painful for the elderly.
Joint Dislocation: Joint dislocation can occur from falls or other accidents and can be especially painful for the elderly.
Bedsores: Bedsores can occur from prolonged pressure on the skin and can be a serious concern for the elderly who are bedridden or have limited mobility.
It’s important to note that the risk of injury can be reduced by taking steps to prevent falls, maintaining a healthy lifestyle, and seeking prompt medical attention for any injuries or health concerns.
Overall, taking steps to reduce home-related accidents is crucial for the elderly. By being aware of the risks and taking preventative measures, caregivers and family members can help ensure the safety and well-being of their loved ones.
Updating a will is much like gardening. Focus on each plant as it pertains to the entire garden. Attack weeds as you see them, and never underestimate the power of care. In terms of an estate planning document, here are a few reasons why a will should be revisited, reviewed, and or revised:
Changes in Minnesota Law,
Changes in Federal Law,
Family Births or Adoptions
Injuries, health problems, or deaths to an agent or Personal Representative,
Parents move back. When Mom and Dad return from their retirement locations, the issue is generally a health matter. For others, it is the loss of a spouse. At first, the traveling to and from was time consuming, but easy. Now, the distance that wasn’t a big deal a few years ago, as turned into worry, stress, and a problem.
In elder law terms, reverse migration is the process of a family member needing to return from their once ideal location. When parents move back, whether moving from Florida, Texas, Arizona, finding opportunities to make this easy helps everybody involved.
Before parents move back, prepare. Instead of waiting for a health crisis and moving a sick or ill person a long distance, talk with your parents about their health needs. Even better, double and triple check that a health care agent was designated, and they have HIPAA authorizations in place.
For those who do not have time to prepare, is there an opportunity for a trusted adult to make financial and legal decisions? Unfortunately, a durable power of attorney drafted in one state, may not be valid or accepted in another state. Are key documents outdated? Certainly, addressing these issues are as relevant as determining how to care for mom and dad.
As parents move back, ask them whether they planned for long-term care costs or considered a Medicaid Trust their assets? Do they have long-term care insurance, and if so, do they have copies of their policy?
There will be many moving parts if it is time to move parents from a distance. As I am sure you are aware, the process of helping a parent to decide on a move and parting with their friends, stuff, and environment can be overwhelming. Whether you have time or time is of the essence, parents moving can be stressful, but less challenging with key planning documents are put into action.
Famous estate planning cases are known for their money. However, the real reason famous cases go bad, is due to their poor planning. Here is a brief list of some very notable estates gone wrong:
Estate of Duke v. Commissioner: This case involved the estate of Doris Duke, one of the wealthiest women in the world at the time of her death. The case centered around the valuation of her estate for tax purposes.
Estate of Michael Jackson v. Commissioner: This case involved the estate of the late pop star Michael Jackson and focused on the value of his name and likeness for estate tax purposes.
Estate of Ted Turner v. Commissioner: This case was interesting because Ted Turner is presently, still alive. Nonetheless, it involved the estate of a media mogul that centered around the valuation of his ranches for estate tax purposes.
Estate of Elvis Presley v. Commissioner: This famous estate involved the legendary singer and actor Elvis Presley and focused on the valuation of his image and likeness. Something any social influencer may want to consider for themselves too.
Estate of J. Paul Getty v. Commissioner: This case involved the estate of oil tycoon J. Paul Getty and centered around the valuation of his art collection for estate tax purposes.
Estate of Ray Charles Robinson v. Commissioner: This case involved the estate of the late musician Ray Charles and focused on the value of his copyrights for estate tax purposes.
Estate of Richard Mellon Scaife v. Commissioner: This famous estate involved the estate of billionaire Richard Mellon Scaife and centered around the valuation of his personal residence. When ever we start talking about personal residence, we also must consider whether the right state was picked as their primary domicile.
Estate of Brooke Astor v. Marshall: This case involved the estate of philanthropist Brooke Astor and focused on allegations of fraud and undue influence in her estate plan.
Estate of Anna Nicole Smith v. Marshall: This was an issue about a surviving spouse. Of course, it focused on the late model and actress Anna Nicole Smith and centered around her claim to a portion of her late husband’s estate.
Estate of Marilyn Monroe v. Miller: This case involved the estate of the iconic actress Marilyn Monroe and focused on the ownership of her image rights.
Prince. Unfortunately, this case was a disaster from the very start. Very poor planning strategies considered by the late great Prince.
Of course, there are many other famous estate planning matters. That said, a short list of cases that shaped the field of estate planning over the years.
A simple will in Minnesota is hardly simple. Some legal professionals call a simple will a basic will. Either way, the idea is to provide an outright disposition of property, while naming a specific personal representative.
Both a single person and married couple can utilize a basic will to address their planning goals. On the other hand, having children or an interesting family dynamic is a greater reason to avoid simplifying your planning needs.
Basic Functions of a Simple Will in Minnesota
The basic functions of a simplified will is mostly timing and money. In other words, time is of the essence and financial resources are limited.
Key Elements of a Simple Will
Of course, every lawyer drafting a simple will may approach this type of document differently. Nonetheless, this law office will include a revocation clause for past implemented documents, identify a guardian of a minor child, and outline the executors or personal representative.
Revocation Clause for a Simple Will in Minnesota
Every will should have a revocation clause. In other words, a clause that revokes any and all previous wills. Hopefully the reason for this is obvious. If not, the point of making this an expressed clause is to reduce litigation.
Naming a Guardian in a Will
Naming a guardian in a will is crucial for ensuring the welfare of minor children. It provides clarity and legal validity, avoiding potential disputes over custody.
By specifying a trusted individual, parents can ensure their children are cared for by someone familiar with their values and wishes. This decision allows parents to consider various factors such as parenting style, religious beliefs, and financial stability.
Moreover, it offers peace of mind in unforeseen circumstances, assuring continuity of care. Overall, naming a guardian in a will offers a concrete plan for the well-being and upbringing of children, providing a crucial safeguard for their future.
Personal Representatives For a Simple Will
Assuming a basic or simple will in Minnesota is utilized, the next matter is generally designating as the personal representative. A personal representative is the person you has an opportunity to administer an estate upon seeking a Probate Court’s approval.
Free Forms and Services for a Simple Will in Minnesota
It is the opinion of this law office that utilizing free forms and services for a simple will in Minnesota is setting up an estate for massive problems.
Fill In the Blank Forms
Using a fill-in-the-blank will template may seem convenient, but it often leads to significant drawbacks. Firstly, such templates lack customization, failing to address individual circumstances and specific wishes adequately. Legal nuances and requirements vary widely by jurisdiction, rendering generic forms potentially invalid or insufficient.
Also, they often overlook crucial clauses for contingencies like simultaneous death or incapacitation, leaving estates vulnerable to complications or disputes. Additionally, DIY wills offer no legal guidance, increasing the risk of errors or omissions that could invalidate the document or lead to unintended consequences.
Ultimately, relying on a fill-in-the-blank will poses substantial risks to estate planning effectiveness and legal validity.
Free or Pro Bono Simple Will
I cannot tell you how many times I have been approached by police officers, fire fighters, EMT, and members of the armed forces asking me to review their Wills for Heroes or local JAG office, only to find massive errors.
While pro bono wills aim to provide legal assistance to those in need, they often come with significant drawbacks. Limited resources and time constraints may result in rushed or incomplete documents, lacking thorough consideration of individual circumstances.
Lawyers offering pro bono services might lack expertise in estate planning, increasing the risk of errors or oversights that could render the will invalid or lead to unintended consequences.
Furthermore, without proper compensation, there may be little incentive for attorneys to dedicate sufficient attention to pro bono cases, potentially compromising the quality of service provided. Overall, pro bono wills may fall short in ensuring comprehensive and effective estate planning.
Lawyer for a Simple Will in Minnesota
If you are looking for legal advisement and help with a simple will in Minnesota, this law office follows the same protocol for each and every planning document. So, whether you have a high net worth, come from modest means, or have little to nothing, the process is the same.
Thus, if you need help weighing the pros and cons of a simple will in Minnesota, you found the right place.
A trustee checklist will look different as time moves forward. In other words, the administration of a trust immediately after death and post death looks different. Here are some To-Do’s immediately upon death of a Grantor.
Say a prayer for the person who died,
Decide whether organ donation is needed,
Contact a medical school if an anatomical bequest was made,
If the decedent was a military veteran, contact the Department of Veterans Affairs to determine, whether disability benefits should cease and if there is an opportunity for burial rights.
A trustee checklist is a must. This is especially im
DIY wills are great for families looking to create problems for their spouse, children, and everybody in-between. Event better, DIY wills can make law firms rich and may encourage loved ones to run in the opposite direction.
Of course, you can fix your own car and finish that plumbing job. Electric work and taxes, no problem. These types of matters provide immediate signals on your success. A will does not tell us whether it was successful or not until we are dead and a probate judge is reviewing the document.
Indeed, you can buy a book and create your own estate plan. That aside, here are a few issues to think about about:
Lack of legal knowledge: A will is a legal document that must meet specific legal requirements. Unless you have a legal background, you may not be familiar with the legal language and formalities required in creating a valid will.
Complexity of assets: If your assets are complex, such as owning a house, owning a business, or investments, you may need professional help to ensure they are properly accounted for and distributed.
Family dynamics: If you have a complicated family situation, such as blended families, ex-spouses, or estranged relatives, you may need professional guidance to ensure your will is drafted in a way that clearly reflects your wishes and avoids potential conflicts. In other words, DIY wills for different family dynamics is not a strong move.
Tax implications: In Minnesota, we have certain tax issues that impact nobody except those who die with Minnesota assets. As a result, you should consider tax implications when drafting your will. A professional can provide guidance on how to minimize taxes and maximize the value of your estate.
Errors and omissions: Even a small mistake or omission in your will can have significant consequences. A professional can help you avoid errors and ensure your will accurately reflects your intentions.
Changing laws and regulations: Laws and regulations surrounding wills and estates can change over time. A professional can ensure your will is up-to-date with any changes in the law.
Overall, seeking professional feedback before deciding to engage the DIY wills strategy is more prudent that assuming otherwise. Further, seeking advise can offer peace of mind that your wishes will be accurately reflected and can help prevent potential legal disputes among your loved ones.
Making a medical appointment for a loved one can be a time-consuming and frustrating process. From navigating insurance policies to finding a provider who accepts their coverage, the process can take weeks or even months. This is especially true when we do not have a Health Care Directive, HIPAA Authorization, or Power of Attorney.
That aside, the first step when making an appointment is navigating time, location, and transportation. These simple elements are exaggerated as soon as pertinent health care information must be shared between clinics or facilities.
Wait, did you say you were making an appointment for a family member who was a veteran? Let’s have that conversation later.
During your discussion with the scheduler, a logical question might be determining whether the provider accepts your family member’s insurance. This can involve hours of research, phone calls, and online searches. Many insurance companies have provider directories, but these can be outdated or inaccurate, leading to more frustration when connecting with the insurance company by phone. After all, they likely need a completed Power of Attorney form.
After finding a provider, it is finally time to schedule the appointment. Depending on the provider’s availability, the wait time can range from a few days to several weeks or even months. For a specialist visit, the wait time can be even longer, as many specialists have long waiting lists.
One thing is for sure – making appointments for family members is painful. Do you anticipate calling every other day to inquire whether there was a cancellation? What if a cancelation happens in 2 hours. Can you respond fast enough?
After the Appointment is Scheduled
Even after the appointment is scheduled, there may be additional steps to take. Some providers require pre-authorization from the insurance company before the appointment can take place. This can add days or even weeks to the process, as the insurance company may request additional information or documentation. Again, making appointments for family members is a difficult process.
when Need help sharing If you decide to include your adult child, waiting is to determine what type of medical appointment is needed. Is it a routine check-up, a specialist visit, or an urgent care visit? Depending on the type of appointment, the wait time may vary. For example, a routine check-up may have a longer wait time than an urgent care visit.
Overall, the time it takes to make a medical appointment for a loved one can be a frustrating and time-consuming process. While it’s important to prioritize the health and well-being of our loved ones, navigating the healthcare system can be overwhelming.
Unfortunately, none of us know when or if an emergency is right around the corner or years in the future. As a result, always have a health care directive, HIPAA authorization, and Power of Attorney ready to go.
Recent estate law changes in Minnesota have been significant. Because the estate planning process is going to be exclusive and personal to each and every person, it is difficult to gage whether some of these law changes impact some or many. Nonetheless, here is a very high level outline of a few changes to Minnesota’s estate planning rules and laws.
One change was Minnesota’s adoption of the Revised Uniform Fiduciary Access to Digital Assets Act or “RUFADAA“. This law allows individuals to designate a fiduciary to manage their digital assets, including social media accounts, online banking, and email. Prior to this law, there was no clear legal framework for managing digital assets after a person’s death, which could lead to disputes among heirs and make it difficult to access important information.
Another change or new Minnesota estate planning law was the adoption of the Revised Uniform Trust Code (UTC). This law provides a standardized framework for creating and managing trusts, making it easier for individuals to create and administer these estate planning tools. The law includes provisions for creating a trust without a written document, allowing for greater flexibility in trust creation and management.
In addition, Minnesota has had estate law changes to their tax exemption. As of 2021, the state’s estate tax exemption is $3 million per person, up from $2.7 million in 2020. This means that individuals can pass on up to $3 million in assets without incurring state-level estate taxes. However, it’s important to note that the federal estate tax exemption is much higher, currently at $11.7 million per person, and may still impact larger estates.
Further, Minnesota has also made changes to its laws governing transfer-on-death deeds (TODDs). TODDs allow individuals to transfer real estate to designated beneficiaries without the need for probate. Minnesota has simplified the process for creating and revoking TODDs, making it easier for individuals to use this tool as part of their estate planning strategy.
Again, Minnesota’s estate law changes have been significant in recent years. Although some suggest this offers more flexibility, in reality, we have more regulation requiring our attention.
Quitter confidence impacts unemployment. For those unfamiliar with this term of art, quitter confidence is a term used to describe the level of confidence employees have in leaving their current job and finding a new one.
This is an important concept in the labor market, as it is closely related to the unemployment rate and can provide valuable insights into the dynamics of the job market.
When the unemployment rate is high, quitter confidence tends to be lower. This is because individuals may feel that there are limited job opportunities available and that it may be difficult to find new employment quickly. As a result, they may be less likely to quit their job and risk being unemployed for an extended period of time.
Conversely, when the unemployment rate is low, quitter confidence tends to be higher. This is because there are more job openings available, and individuals may feel more confident in their ability to find new employment quickly. As a result, they may be more likely to quit their job and seek out new opportunities.
The relationship between quitter confidence and the unemployment rate is complex and multifaceted.
While a low unemployment rate can lead to an increase in quitter confidence, there are other factors that can impact an individual’s decision to quit their job, such as job satisfaction, salary, and career prospects.
Job Market Impact
Quitter confidence can have a significant impact on the labor market, as it affects the number of individuals who are actively seeking employment and the overall turnover rate of the workforce. When quitter confidence is high, there may be a higher turnover rate, which can create job openings and opportunities for new job seekers.
On the other hand, when quitter confidence is low, there may be a decrease in the turnover rate, which can result in fewer job openings and less opportunity for new job seekers. This can lead to a stagnation in the labor market and a decrease in economic growth.
Furthermore, while high quitter confidence can lead to an increase in job turnover and create job openings, it can also lead to increased competition for available jobs and put pressure on employers to offer competitive salaries and benefits in order to attract and retain employees.
Understanding the relationship between quitter confidence and the unemployment rate is crucial for policymakers, economists, and employers, as it can provide insights into the dynamics of the labor market and inform decisions related to employment policies, job creation, and workforce development.
In conclusion, quitter confidence and the unemployment rate are closely related concepts that have a significant impact on the labor market.
By understanding this relationship and its various nuances, we can better understand the dynamics of the job market and make informed decisions to support economic growth and job creation.
The job report can impact Minnesota unemployment claims and benefits. I see this most often with audits and work availability issues.
The job report provides data on the number of employment opportunities created. The unemployment office uses this data when claiming a person is not finding work fast enough or that the applicant’s labor market is compromised. Unfortunately, these big words and phrases are terms of art utilized by the unemployment office.
Back to the statistics that came out on this past Friday, this information is used by policymakers, economists, and investors to assess the health of the economy and make decisions related to employment and other economic policies.
Right or wrong, these types of things find themselves intertwined with certain types of unemployment appeals.
In addition to impacting the unemployment rate, jobs data can also impact an applicant’s confidence in their work search process or encourage other job seeking strategies.
Overall, looking at employment numbers is an important indicator of economic health and can have wide-reaching impacts on individuals, businesses, and the broader economy.
Funding your trust with Intangible property can be a smart strategy for managing these types of assets. A trust is a legal entity that allows an individual or entity to transfer property to a trustee.
A trustee manages the property on behalf of the beneficiaries. This can be useful for intangible property, which can be difficult to manage and protect on one’s own.
There are several benefits to funding or transferring an asset into a trust. One major advantage is that it can help protect the property from legal challenges or disputes. By placing the property into a trust, designers and entities can help shield the property from legal actions.
Another benefit of funding intangible property into a trust is to ensure the asset is utilized in accordance with the wishes of the grantor. The trustee can be instructed to use the property under specific conditions. This can be particularly important for intellectual property, which can be subject to infringement or misuse if not properly managed.
Funding a trust with property can also provide tax benefits. Depending on the type of trust and the nature of the property, it may be possible to reduce taxes or other liabilities.
It is important to note, however, that funding intangible property into a trust can be a complex process. For this reason, work with an attorney to ensure that the trust is properly established and managed. Additionally, ongoing management of the trust and the intangible property will be necessary to ensure that it continues to provide the intended benefits over time.
Overall, funding intangible property into a trust can be a powerful tool for managing and protecting these types of assets. With careful planning and management, it can help to ensure that intellectual property and other intangible assets are properly utilized and protected for years to come.
Music artists have been historically wrong about the intent of a trust or role of a trustee. If only they knew how certain types of trusts can protect music copyrights.
That aside, it is fun to see major hits calling out trusts. Here are a few songs that mention a trustee or trust:
“Trust Fund Baby” by Why Don’t We – This song is about a person who comes from a wealthy family and has a trust fund.
“Fortunate Son” by Creedence Clearwater Revival – This song talks about how people who are born into privilege and wealth have an easier path in life, and mentions “trust fund kings.”
“Rich Girl” by Hall & Oates – This song is about a wealthy woman who has a trust fund and doesn’t need to work for a living.
“Ain’t No Rest for the Wicked” by Cage the Elephant – This song mentions a “rich old man” who has a trust fund and still works because he enjoys it.
“Money Trees” by Kendrick Lamar– This song talks about the desire for wealth and financial security, and mentions “trust funds for the kids.”
If you need help with the trust drafting process, you found the right place.
It’s important to note that in many of these songs, the mention of a trust or trustee is simply a reference to wealth rather than a specific legal term.
That aside, there are many other reasons to have a trust that are far more significant than monetary issues.
Trust types in Minnesota are nearly endless. The first question to ask when picking a type of trust is to clarify the intended purpose.
The trust purpose is dependent on needs, the property being transferred, and the beneficiary. Before going to far into the different types of trust documents, it makes sense defining what having a trust means.
When or if you decide to meet with a lawyer, their role is to help a person find a trust type that aligns with the Grantor’s goals, while addressing many issues likely never considered.
Trusts are drafted to protect assets, but they are not foolproof in protecting against criminal indictment. The purpose of a trust is just as important as the trust corpus.
In Minnesota, we can turn to Trust Law 501C.0404 for guidance on an inditement. If a trust is established with the intent to defraud creditors for example, it may not be able to protect assets from seizure in the event of criminal charges. Additionally, if the trust is found to be involved in criminal activity or used to shield criminal proceeds, it may be subject to forfeiture by law enforcement authorities.
It’s important to note that simply creating a trust does not automatically protect assets from legal action. The legality and legitimacy of the trust, as well as the actions taken in establishing and managing it, are crucial factors that can impact its effectiveness in asset protection.
It’s always recommended to seek the advice of an experienced attorney with expertise in asset protection when or if you are charged with a crime or need support with asset protection issues.
Downsizing can help your future trustee. However, doing so can be a challenging process. This is especially true when deciding what to keep and what to throw away.
Here are some tips to help you and your future trustee determine what to throw away when downsizing:
Duplicate items: Get rid of items that you have more than one of, especially if they serve the same purpose. For example, if you have two sets of dishes, consider keeping only one.
Outdated or Unused Items: If you haven’t used an item in a year or more, or if it’s no longer relevant or useful to you, it’s time to let it go. This can include clothes, electronics, and other items that have been collecting dust.
Broken or Damaged Items: Items that are broken or damaged beyond repair are taking up space and serve no purpose. It’s better to let them go rather than holding onto them. Might I suggest making a donation?
Sentimental Items: While it can be tough to part with sentimental items, it’s important to assess their true value. Unfortunately, the sentimental weight you assigned to an item might not be the same value assigned by a future trustee. If you have multiple items with sentimental value, consider choosing one or two to keep and take pictures of the rest. Speaking of pictures, let’s talk about digital downsizing in a future post.
Excess Furniture: Furniture can take up a lot of space, so consider whether you really need all the pieces you have. If you’re moving to a smaller space, you may need to downsize your furniture as well.
Remember, downsizing doesn’t mean you have to get rid of everything. It’s about making intentional choices and keeping only the items that are truly important or useful to you.
Spring cleaning applies to our estates too. As we approach Spring, now more than ever is a great time to revisit, review, and perhaps revise your estate plan.
Just like spring cleaning a home or cabin, refreshing and organizing our planning documents helps others help us.
Even more so, it offers assurance to our children and grandchildren. So, let’s take a look at a checklist.
Revisit and Review. As we age, our plans and needs change. Take 15 minutes and reflect on your current plan, wishes, and circumstances.
Beneficiary Designations. Review every beneficiary designation. This includes any forms associated with bank accounts, retirement accounts, life insurance policies, annuities, motor vehicles, and other assets to ensure they are up-to-date and aligned with estate planning goals. Even more so, if you do not have a hard copy of each form, you have a problem that needs immediate attention.
Tax Changes. Evaluate any (Federal and State) changes in tax laws that may negatively impact an estate plan. Then, consider necessary adjustments to account for such matters.
Ancillary Documents. Review and update powers of attorney documents (both financial and HIPAA). Also, look at your healthcare directives to ensure wishes are being accurately represented. Have you made any changes based on our experiences from COVID-19? Certainly being locked behind glass doors isn’t appealing for you or your loved ones.
Family Dynamics. Consider any changes to your family, that may impact an estate plan, such as the birth of a child, marriage, divorce, substance abuse issues, and or mental impairments.
Trust Funding. Incorrectly funded trusts is a chronic problem or flaw with many estate plans. Spring is the perfect time to readdress whether an asset was included or purposely excluded from a trust. If you do not know, this issue must be addressed.
Lost and Found. Organize estate planning documents and ensure loved ones know where to find them in case of an emergency. For those with a safe deposit box, there is added risk.
All this said, spring cleanup requires action. Thus, start right now.
Richfield Community Education welcomed attorney Jasper Berg and a presentation called “Pre-Planning Do’s and Dont’s”. If you attended, please tell others.
Digital assets are part of the estate planning process. As a result, knowing the different types of assets can help you plan accordingly. Like any asset type, everybody has something different. Nonetheless, here are 10 key terms to help you get started:
1. Bitcoin
Bitcoin is a digital asset that uses encryption and blockchain technology to record transactions on a global distributed ledger. Created in 2008 as a peer-to-peer payment system, today it is the largest digital asset by market share, but it is not backed by any government, central bank, or physical asset.
2. Blockchain
Blockchain is a method of structuring and securing data into unchangeable blocks of transactions. Any attempt to make changes to an earlier block in the chain would change all the subsequent blocks and alert the network to the attempted change. Once a transaction is entered on the blockchain, it cannot be undone.
3. DeFi
DeFi or decentralized finance “DeFi” broadly refers to a variety of financial products, services, activities, and arrangements supported by smart-contract technology and designed to exist without intermediaries or third parties such as banks, brokers, or clearinghouses. But the degree of decentralization across DeFi applications can differ widely. In some cases, despite claims of decentralization, operations and activities can be highly concentrated in a small group of developers or investors.
4. Digital Wallet
A Digital wallet stores a digital asset owner’s private key—needed to use or spend the digital asset—and public keys, which is how the owner is identified on the blockchain. The private key serves as a digital signature unique to you and must be carefully protected. If your private key is lost or stolen, you will not be able to access your digital assets. There are many kinds of digital wallets, which includes custodial wallets, noncustodial wallets, and hardware wallets.
5. Distributed Ledger
A distributed ledger is a record used to track money coming in and money going out, like your monthly bank statement. A distributed ledger is a public database that runs on many computers around the world. Instead of being centralized—at your bank, for example—a distributed ledger is shared and synchronized among the network participants so there is no single point of failure.
6. Mining
Mining is a very strange type of digital asset. Just like there are gold, silver, and copper mines, there are digital mines as well. Mining is the process of receiving a reward of newly minted digital assets and transaction fees for the work of validating transactions and adding blocks to the blockchain. Miners also maintain copies of the distributed ledger.
7. Money Service Business or MSB
A money service business or “MSB” is a nonbank company that transmits money, offers currency exchange, or that issues or redeems travelers checks or money orders. Currently, digital asset exchanges offering service to customers in the U.S. are required to register as MSBs with the Financial Crimes Enforcement Center (FinCEN) and many states. Registration as an MSB won’t protect us from fraud or other problems, but most fraud is committed by unregistered entities.
8. Non-Fungible Token or NFT
A non-fungible token or “NFT” is a one-of-a-kind digital asset. It is a proof of ownership of a unique asset that is recorded on a blockchain. No NFT is exactly like another, so they cannot be traded one-for-one like virtual currency or other types of tokens.
9. Smart Contract
Another type of digital asset is a smart contract. A computer program that is stored and runs on a blockchain. They may incorporate the elements of a binding contract or run only under certain conditions.
10. Stablecoins
Stablecoins are digital assets that are designed to maintain a stable value relative to a national currency, a commodity, such as gold, or other reference assets.
Therefore, if you need help addressing digital assets as part of your estate plan, consider working with an estate attorney.
A trust mistake often occurs with refunds. In the post-mortem administration of property, trustees sometimes work to fast at closing out a revocable trust.
Refunds from prepaid insurance, taxes, rents, etc. are often unanticipated and slow. Prematurely distributing assets can be detrimental to the management of the trust.
For example, consider the event when a trustee mistakenly closes out a checking account. In the following month, a refund check is delivered to the mailbox. If the bank account assigned to a trust had already been closed, it will be very difficult or almost impossible to deposit a refund check without some for of probate administration. Although inadvertent, a trust make has occurred.
An additional trust mistake can occur when there are unpaid bills. Again, trustees who fall for the trap of a “just getting this over with” mentality, unpaid bills can create personal liability. In other words, when the trustee mistakenly pays out funds before all bills have been paid, specifically taxes or utility bills, the financial impact to the bigger picture can be detrimental.
Therefore, trustees must be prudent and diligent versus fast.
Backup planning for a trust or estate plan can sometimes cause a lot of stress. After all, the process means thinking through dooms day. Sometimes, addressing a contingency plan is confusing. Really though, there isn’t a one size fits all. A backup plan is going to be personal and specific to each individual or trust grantor. As a result, here are a few things people often mean when reviewing their trust backup plan.
First, a backup plan is going to be different for each estate planning tool. In terms of a trust, a backup plan starts by determining what will happen when or if a trustee declines the opportunity to serve as a fiduciary. Other times, we are talking about the scenario when a trustee dies. Selecting an alternate trustee is the first issue to many unrelated matters that need addressing during the planning process.
Unfortunately, a well drafted trust agreement also means selecting an alternate and secondary trustees in the event they can no longer serve. If the trust document fails to mention what will happen, a beneficiary might be forced to seek a trust modification under Minn. Stat. 501C.0410. In other words, getting help from a court.
Seeking court approval to modify a trust due to a failed backup plan is hardly an ideal situation. This is true because for many families, the point of creating a trust in the first place was to put in place a probate avoidance plan.
Another popular reason for forming a trust is privacy. In other words, we do not want our assets and distribution choices shared in an open forum, like probate court. Because public proceedings breach privacy, modifying a trust in a public forum due to poor planning can feel disastrous.
Second, a trust agreement or declaration should always close the circle on backup trustees. In other words, identifying three or more people who can serve as a trustee isn’t good enough. Instead, offering a final strategy like a corporate trustee can really reduce the need for trust administration by way of the judicial process. For families who do not like like the idea of engaging a corporate trustee, sometimes selecting the eldest heir can also put the grantor of a trust at ease.
Again though, backup planning for a trust is more than thinking through dooms day or the resignation of a trustee. Backup planning also means addressing changes to our tax code, accounting for inflation, disabilities encountered by beneficiaries, and marital conflicts just to name a few.
Therefore, working through the backup planning process to a trust is very much as critical as the primary plan.
Of course, there are many more action items when preparing for a hurricane. That aside, hurricane estate planning strategies is a great opportunity to weigh the pros and cons of storing documents in the Clo
Unemployment after a layoff is not as easy as it sounds. With inflation running wild and businesses laying off workers, I cannot help but address a very important point: unemployment is not a guarantee.
The law aside, there are many factors that go into whether or not a person qualifies for benefits. Even more, an employer’s actions after a job ends can drastically change how you look at application for benefits.
As a result, when employers confuse or blur the lines, guessing isn’t enough.
As many people are finding out, unemployment after a layoff sometimes comes with strings attached. Sometimes, this means a job loss is presented with a separation agreement.
This is followed with a wink, a nudge, and a monetary sum of money. Not to fast though, because signing the dotted line can lead to bigger problems down the road.
This is especially true when we do not whether the next job is around the corner or light years away.
After a Layoff, Prepare For Unemployment
Before applying for benefits, consider some light reading. First, look at Minnesota Statute 268.085. This law outlines all kinds of rules on the framework of eligibility. In fact, the name of the rule itself is called “Eligibility Requirements”.
When trying to understand unemployment benefits, you really cannot go wrong by reading the rules.
On the other hand, if a person is trying to obtain unemployment after either quitting or getting fired, consider reading Minnesota Statute 268.095. Under this rule, you will find all kinds of reasons addressing benefits after a discharge and benefits as a result of quitting.
That said, reading each rule isn’t going to be good enough. This is true because there are nearly 2,000 court cases helping us understand unemployment laws and to the extent benefits are granted.
I know this is a lot to absorb. Especially after a job loss. Start simple. The process of applying for benefits is just as important as submitting a resume.
In fact, some of the same principles apply in either situation. Every question is a trick and knowing why you are offering specific information is crucial to the bigger picture.
Inflation protection within an estate plan starts here. To begin, consider this brain teaser. How many cookies can you buy with ten dollars? If you are like me, the State Fair Cookie Test is likely the wrong sample type because of the infrequence of the event. That aside, perhaps you already reached this conclusion: prices always seem to rise. This is true for cookies, cars, and commodities.
Allow me to take the cookie test a little further. Assuming you selected the best person possible to manage your cookie supply, would you want them to make decisions on an empty stomach or defer to a hand selected baker with knowledge about ingredients and time?
Again, using cookies as an analogy, a revocable trust can require our trusted circle to act prudently. As an alternative, a trust can also be drafted in such a way that demands a trustee to seek advice from a more qualified professional.
Really, it depends a lot on the trustee’s skills and background. Perhaps your trustee is up to date on iBonds and treasury notes, so you might not have a cookie problem.
On the other hand, what about the back- up trustee? Are you equally as confident? For this reason, I like the drafting strategy of giving the trustee an option for support. Even better, I like the idea of a Grantor selecting a professional for their trustee, long before the professional is ever needed.
Therefore, inflation planning starts during the drafting process.
Laws impact estates and plans, but which one applies first? For those keeping track, we have local ordinances, Minnesota statutes, Minnesota Rules, a State Constitution, Federal Codes, Federal Regulations, U.S. Constitution, administrative opinions, letters, and court decisions, and a handful of other rules and laws.
Also, we have made up rules created by financial institutions, third-party administrators, and employers too. The point is this: we have a lot of laws and most of them impact an estate. So, what should we do?
As the laws around us become more and more complicated, perhaps simplifying our life is the strongest response to an abundance of regulations. Of course, simplifying is different for each family.
For some, this means having a conversation about what to do with an inherited IRA. For others, this means restricting financial temptations.
Another strong response includes a purposeful plan that was designed with triggers and conditions.
For example, if I die with significant wealth, whether that means my family cashed-in on a life insurance policy or otherwise, I want a document that triggers protection from certain taxation. Or, if I suffer from a heart-attack and succumb to a permanent disability, I want my documents to trigger an opportunity for care that alleviates stress.
Really though, the best answer to so many laws impacting an estate is a reminder about control. We can make choices today that will have a positive impact on our future. Even better, our choices teach younger generations about serving and protecting our family
Obtaining a free annual report is critical to the planning process. As the name suggests, this is an annual process recommended for each and every person in your household. This includes persons under the age of 18, including newborns.
This step is important because it helps reduce fraudulent activity. From a practical perspective, print your free annual report every year.
Next, add a printed version to your estate planning portfolio. One way to remind ourselves to complete this planning task is to do this around the same time we file our annual tax return.
The Gregory brothers have an interesting story about family dynamics. As told through Minnesota’s Court of Appeals, the Gregor brothers had a sibling “clash” with their sister over a 4th generation farm.
As the story went, Grandma’s will distributed a 95-acre farm equally between her adult children.
Unfortunately, the sons disagreed with the sale of the farm and aired their animosity publicly.
This sibling clash was described in a recent case called A21-1231. Here, we learn about animosity, family problems, and a few key laws.
Sibling Animosity: Lesson 1
The first lesson was about animosity. Animosity is rarely a reason for a Court to remove a personal representative. However, an emotionally unstable executor might be enough.
Certainly, lots of siblings disagree with one another. Even so, would you consider your own sibling as emotionally unstable?
For those wondering, that was a rhetorical question only . Nonetheless, the above case reminds us that sibling relationships are not always easy.
Protecting an Estate: Lesson 2
The second lesson we get is the idea that protecting an estate by seeking a court approval is an aplaudid practice, especially within a probate proceeding.
On the other hand, had Grandma considered a trust, perhaps the clash between the Gregory brothers and their sister could have been avoided.
Court Petitions: Lesson 3
Third, we are reminded that just about anybody can petition a court and ask for the removal of the executor. When this happens, Minnesota law 524.3-611(a) tells us that the court must fix a time and place for a hearing.
Conflict of Interest: Lesson 4
The fourth lesson we can learn from the Gregory brothers is the idea that problems sometimes arise when a member of a family wears too many hats, otherwise known as a conflict of interest. For example, naming an adult child as a personal representative, while knowing they are also might inherit property as a beneficiary might be construed as a conflict of interest.
Of course, a lot of times, adult children are the best candidates to serve as our personal representative. despite the risk. Really, it depends on the dynamic of the heirs and communication.
When there is a doubt, we turn to laws and rules. In Minnesota, the rule is actions inconsistent with carrying out the terms of the wills or delayed, mismanaged, wasted, or misappropriated estate assets causes a conflict of interest. See Munson, 57 N.W.2d at 29; Matteson, 245 N.W at 382.
Thus, whether a conflict of interest arises during the course of administering a will or trust depends on the circumstances.
Therefore, learn from sibling clash outlined above and consider engaging an estate attorney.
Until recently, estate planning for a nuclear war seemed unrealistic. As wars develop and nuclear weapons are threatened, one cannot help but consider their worst case scenario. Believe it or not, this is a topic that most military families have already thought about. Nonetheless, let’s address a handful of issues specific to estate planning for a nuclear event.
The Best Time to Estate Plan
Obviously, timing is everything. When it feels like time is on our side, planning can move in stages. In other words, the sense of urgency is different in our 20’s versus our 50’s. Nonetheless, as our timing transitions to an urgent need, panic and stress can negatively impact our decisions.
Likely, planning our affairs during a nuclear war will feel similar to a health scare. On the other hand, nuclear war is neither inevitable or reversible. Thus, all of us can avoid a timing issue by planning when we appear to feel good, versus waiting until the end.
Luckily, the planning element can intercept nuclear war when the plan is already in place. After timing, there is still an issue that needs attention.
Document Storage Prior to a Nuclear War
Again, we need to make the assumption that a plan was created. Next, where should we store completed documents? Unfortunately, this is a very personal issue many families are unsure of. As a result, lets address a some of the pros and the cons.
First, locking our documents into the cloud because of nuclear war threat, without having a distribution plan can cause significant damage. We are already seeing this play out with bitcoin.
Second, which is equally problematic from an estate planning perspective, is the risk of duplicating documents. For example, imagine having a hard copy and a copy stored in the cloud. Then, imagine becoming cognitively impaired and using your favorite marking pen to revise the hard copy, while doing nothing with the digital version. Well, this creates a problem. In fact, it creates a major problem.
Again though, document storage, estate planning, and introducing a risk for nuclear war is going to take on a different meaning for every person. Perhaps the person in Minneapolis, Minnesota is thinking they are at risk, while the family farm near Funkly, Minnesota thinks otherwise.
Cloud Storage During a Nuclear War
When adding online storage and the threat of nuclear war to the estate planning process, here are a handful of issues to consider:
What happens if a Nuclear War destroys everything, including family members?
Does the Company offering cloud storage have a backup storage site in a remote location?
Will a remote professional or family member know about the service provider chosen as the cloud provider?
Is there a password recovery process after a customer dies?
If the person dies, does the back-up plan die too?
Unfortunately, a family that chooses cloud storage for their estate planning documents may need to reexamine these issue as a war develops. Therefore, when circumstances change, plans change.
GST Tax or generation skipping transfers are a fancy way of trying to reduce estate taxes when you die. Because Minnesota is considered a decoupled state and taxes are only going up and up, it does not take very many assets and life insurance benefits to make this a significant issue. As a result, GST is a proposition that a lot of families are considering when planning for asset transfers.
Generation skipping taxes is the process of our government, taxing property that is left for our grandchildren or great-grandchildren. Unfortunately, this type of trust also applies to property left to unrelated persons who are younger than 37.5 years of age. Kind of an interesting addition to the rule, but important nonetheless.
Most families agree that any way to reduce an estate tax bill should be considered. For what it is worth, the intent behind the generation skipping transfer tax was to prevent these windows of opportunity. Luckily, there are other options to consider.
From a practical perspective, the GST tax is imposed on all property left, whether through a trust or otherwise. Historically, these types of estate taxes aligned with the federal exemption amounts. So, this could reach 40% tax on all amounts above the federal exemption. This calculation doesn’t take into consideration Minnesota’s estate tax.
Therefore, finding ways to reduce or alleviate estate taxes is the name of the game.
Audio for Thrift Savings Plans and TSP Beneficiary Forms
Thrift savings plans are assets requiring a different attention to detail than other financial products. This is true because TSP Beneficiary Forms are designed and managed by our federal government.
Families contribute to these types of assets for obvious reasons. On the other hand, long term care issues, grandchildren, litigation, carelessness, and divorce are events that must be considered in various tools outside a beneficiary form.
FRTI states they spend participant money wisely; and
TSP Beneficiary Forms unfortunately use a block lettering system.
As great as these assets might be for Federal Employees and military families, I am fearful of unintended consequences.
For example, voiding a beneficiary form because a name could not fit into their block system. Or, placing assets in a trust that isn’t prepared for a TSP asset. In other words, a beneficiary form that is incorrectly completed, might inadvertently get taxed at a higher rate or offered to a nursing care facility. Other times, families incorrectly expose an asset to a divorced spouse or a divorced adult child that had once married into the family.
I like to see our military and civil service families weigh the following:
Has each Thrift Savings Plan or Beneficiary Form been updated?
Does the accumulation of wealth make a Bypass or Credit Shelter Trust more significant?
Could an accumulation or conduit trust help streamline a specific goal or outcome?
Does a durable power of attorney document address an opportunity to fix or change beneficiary forms in the future?
Unfortunately, occupational hazards make these issues important for the young and old.
Therefore, if you have a Thrift Savings Plan and need personal attention or advisement, or need support with certain estate planning tools, please consider the above mentioned issues as an introduction to Thrift Saving Plans.
The VA look back rule changed in October 2018. Starting October 18, 2018, the VA imposed a new rule that negatively impacts Veterans and their families who are seeking benefits through a nursing home. In general, the new rule requires the disclosure of gifts. When a gift is made inside the new look back period, the VA calculates penalties and ineligibility periods. As a result, the look back rule for VA benefits has positive and negative implications.
Veterans and military families who transferred assets within three years of applying for benefits may unintentionally subject themselves to a 5 year waiting period. Depending on the gift, it might be preferable to wait three years when applying for certain benefits versus getting hit by a VA penalty. Even worse, the penalty period can start over as of the date of the last gift.
In other words, taking a lackadaisical strategy to veteran benefits can have long term consequences. Therefore, before spending down assets or making asset transfers, consider weighing long term implications with other processes that might offer more opportunity to protect assets.
Tips and unemployment benefits have a long history. Of course, by tips I mean money given to a waiter, bartender, server, driver, hair stylist, or just about anybody else for providing a service.
When we start linking money gifted by a customer to an unemployment benefit, things go bad very quickly. Whether applicants start thinking about their worst case scenario, sometimes there are accusations of misrepresentation. This problem can multiply when you consider the IRS’ interest in the matter.
If you ask an employer for help, they will often run the other way. Rightfully so, because they hardly know themselves. Thinking about asking the unemployment office for help? You might incur consequences.
Finding Out That There Was a Problem
Generally, a person becomes aware of an unemployment claim and a gratuitous tip problem in one of a handful of ways. This includes:
Receiving a letter stating there was an overpayment,
Seeing the phrase “misrepresentation” inside one’s online unemployment account.
All of these methods are scary and require a different legal response. Thus, take their notices seriously.
Unemployment Laws for Tips
The word tip appears next to the definition of wages. As a result, consider looking at the 30 plus Minnesota unemployment cases that interpret tip law. Unfortunately, the difference between a tip and wage can be very confusing.
In the meantime, take a look at Minnesota Statute 268.035 and look at the dozens of unemployment tips I shared in other blog posts.
Being unemployed is a scary process. The fear of becoming homeless or without food, creeps into the picture. Unfortunately, I hear this alot in my practice.
I think the solution to an unemployment dilemma is keeping it simple and to strategize each step accordingly. Anxiety triggers fear and fear can cause a person to make bad choices. Even worse, anxiety can cause a person to make no choice at all, which can be even more damaging.
Jumping from a job loss and into poverty is not the general rule. For those overcome by the thought of losing everything while weighing the unemployment process, consider organizing a game plan. Consider using this as a starter to your said plan:
Prepare your claim for benefits, as if there was an appeal, and
Approach each day as a separate and exclusive mission.
Whether this is your first time or last time of engaging the unemployment process, fear and anxiety is normal. On the other hand, consider taking each day or perhaps each hour as your mission for benefits and ultimately finding work.
As a side note, you can see this fight firsthand by following one of my public cases serving the unemployed. Otherwise, I wish you the very best.
A minor child of the participant (but only until the age of majority is reached, at which time the 10-year payout applies)
A disabled beneficiary
A Chronically Ill Individual
A person not more than 10 years younger than the participant.
Of course, the idea of making this determination is such that the the participant or the person who owns the retirement plan can make planning decisions specific to a see-through trust.
UI Audits or unemployment audits are on the rise. An audit through Minnesota’s unemployment office looks different to every person. This is true because every person has a different fact pattern or claim for benefits. For some, an audit starts with an on-line questionnaire. For others, an audit starts as a phone call or email. Unfortunately, many do not connect the dots until the appeal stage.
The Pandemic has not been easy for anybody. For those seeking benefits, this is already a known fact. To make matters worse, applicants can spend hours or days calling the unemployment office, only to get disconnected. I share this frustration.
Right or wrong, the unemployment office is following their same pattern they took in the year 2007/2008. Presently, I am seeing trends that are turning from eligibility to a re-review of benefits that date back to early 2020. Again, audits are on the rise.
What makes 2021 and 2022 cases different from the past, is the the fact the unemployment office is following a new set of rules that are poorly vetted by auditors and others. The new rules I am referring too, are those that apply to benefits under the PUA program or Pandemic Unemployment Assistance.
Taking this into consideration, because every audit looks different, each person impacted by this process should consider a strategy specific to their own situation.
Surprise, UI Audits or unemployment audits are on the rise. An audit through Minnesota’s unemployment office looks different to every person.
For some, an audit starts with an on-line questionnaire. For others, an audit starts as a phone call, email, or a part-time tip job gone bad. Unfortunately, many do not connect the dots until the appeal stage.
Right or wrong, the unemployment office is following their same pattern they took in the year 2007/2008. Presently, I am seeing trends that are turning from eligibility to a re-review of benefits that date back to early 2020. Again, audits are on the rise.
What makes present cases different from the past, is the the fact the unemployment office is following a new set of rules redefined by the pandemic.
Taking this into consideration, because every audit looks different, each person impacted by this process should consider a strategy specific to their own situation.
Life expectancy from an estate planning perspective is only important when there time has expired. That said, assuming younger generations will outlive older generations isn’t necessarily true.
Take for example the life expectancy of a 40 year old person. Using 2000M actuary tables, that person is expected to live another 38 years. In other words, a person 40 years old is expected to live to 78. This might seem reasonable, until you compare this to a 75 year old person.
Again, using the 2000M mortality tables from Section 7520 of the Internal Revenue Code, a person that is 75 years old in 2021 is expected to live until their 86th season. Meaning, a 75 year old person might expect to have 8 more years of life than younger generations.
Of course, what this means to each person and family is going to be different. However, this is something to keep an eye on in the planning process.
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