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.
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