Author: Jasper Berg, J.D.

  • Dress Right Dress Your Estate Plan

    Dress Right Dress Your Estate Plan

    As you know, dress right dress is a marching command.  Behind attention and at ease, dress right dress is one of the first marching commands we learned in the military.  Do you remember it’s meaning?

    The dress-right-dress command is simple:  are you lined up with what is next to you?  As easy as it might be, wow…I saw a lot of people get smoked for failing to look right.

    Anyways, let’s use this simple command (minus the folks who are getting PT-ed as we speak and apply it to our life as it stands today.

    Dress Right Dress Your Estate Plan

    Before you ship out to Heaven, can you please organize your docs in a specific spot?  Otherwise, your family is stuck waiting for a statement in the mail.  Unfortunately, if you opted out of your monthly statement, the wait might be even more problematic.

    You already know this, but I will share it anyways.  The idea of putting things in order is critical for our children and spouse.  Usually, a spouse can pick up the pieces if this issue gets breached.  Our children, not so much.

    Dress Right Dress Your Home

    It blows my mind how many people are willing to send money to a mortgage company and they fail at filling out a transfer on death deed.  Obviously, these types of forms require a specialized knowledge.  But, they are usually very inexpensive and a lifesaver when crisis mode turns into a funeral.

    Dress Right Dress Your Beneficiary Forms

    If you took one of my community education classes, you already know this.  For those who haven’t, here it is one more time: beneficiary forms usually trump a will.  Even those amongst us who are avoiding a will can agree that acquiring copies of beneficiary forms is easy peasy.

    Finally, if need help with your dress right dress, I am here.

  • Estate Plan Crisis Mode And Tearing Apart the House

    Estate Plan Crisis Mode And Tearing Apart the House

    Crisis mode is different for every family.  Minus the few who handle illness and death with ease, a crisis can cause panic and confusion.  I believe in helping our loved ones with the following process:

    • Create a loud colored binder for every member of the family
    • Place each binder on an accessible shelf
    • Use when needed.

    Crisis Mode:  Loud Colored Binder

    Estate Binder
    Estate Binder

    Some of my favorite loud colored binders are yellow, lime green, orange and red.  The idea is simple.

    Look for my yellow binder…it is near my bed“

    or

    My social security card is in my orange binder“

    In other words, I believe folks need an identifiable spot that keeps our most important documents.

    Crisis Mode:  Binder for Every Family Member

    In all honesty, I am being picky.  But, as people (young and old), everybody has a different plan.  Even when our plan is the same as our spouse, the plan is still unique to us as a person.

    For this reason, I like the idea of maintaining a file for each person.  This might include:

    • Birth Certificate
    • Social Security Card
    • Marriage Certificate
    • Health Care Directive
    • Power of Attorney
    • Will
    • Standby Guardian Authorization
    • Beneficiary Forms
    • Trust Documents
    • Veterans Forms
    • Divorce Decree
    • Funeral Directive

    Again, everybody’s binder will be different.  The whole idea of having an organized spot for each family member is this: when a crisis hits, nobody wants to drag around documents that do not pertain to our loved one.

    Crisis Mode:  Use When Needed

    Unfortunately, I am speaking from personal experience.  When something goes wrong or a person is unexpectedly in the hospital, it is difficult to think clearly.  Even worse, a lot of family members fail at finding a specific document without tearing apart a home.

    In my experience, this can be avoided by talking and planning.  Thus, I like the idea of having a binder that is accessible when needed and organized accordingly.  

  • Wages: Unemployment Tip #009

    Wages: Unemployment Tip #009

    Wages and unemployment benefits go hand-in-hand. The more money an employee earned, the more in unemployment benefits they can receive.

    Sometimes, this is where workers who get a 1099 or those collecting tips get stuck fighting backpay issues.

    That aside, here is the tip:

    Unemployment Tip # 009 –  Applicants should always be watching their mailbox for opportunities to appeal a wage determination, which does not necessarily appear online under an applicant’s benefit account”  

    Unemployment Lawyer

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    In other words, after a worker or employee applies for benefits, likely they will receive a statement in the mail. Usually, the statement will show a breakdown of wages over the last four to five quarters.

    If DEED’s statement is wrong, Applicants might need to consider the pros and cons of filing an appeal.

  • 8 Ways to Make an Estate Gift to Your Church

    8 Ways to Make an Estate Gift to Your Church

    Patrons wishing to make a gift to their church are running into problems when they try to incorporate wishes into an estate plan.  Luckily, there are some strong alternatives.

    Legal Forms to Help Gift to a Church

    Generally, an estate plan can utilize eight (8) different ways to make a gift to your Church.  Unfortunately, each method or form can bring with it a different set of problems.

    8.  Prayer,
    7.  Your time,
    6.  Cash gift before death,
    5.  Transfer on death deed,
    4.  Beneficiary forms,
    3.  Irrevocable trust,
    2.  Revocable trust, and
    1. Will

    Estate Gifts versus Tithe or Tithing

    I hope this doesn’t happen to your family, but entering an ICU or long term nursing care facility can really drain one’s assets.  In my experience, identifying a specific cash donation within a will or trust is a poor plan.  For one, nobody really knows how much we will have when we die.

    Instead of adding an exclusive cash gift, I like the idea of designating a strict percentage.  For example, I bequest five percent (5%)….to ___________.  For some, the idea percentage is a set percentage called tithing.

    Again, if we are lucky to die with assets, then contributing a specific percentage is easier to manage and is less likely to make life difficult for a Personal Representative.

    Best and Worst Way to Gift to a Church

    There isn’t a best way to make a gift to a church.  If folks are able, then great.  If they cannot, then that is okay too.

    That said, there are a few methods of gift giving that I discourage.

    The first method I discourage folks from making is the process of gifting their home.  Quite frankly, very few churches want to manage real estate.

    Personally, I like the idea of granting a Trustee an opportunity to sell a residence on behalf of a person and using the proceeds as desired.  In other words, making it easy on a Church to accept a cash gift versus a home.

    The second method I discharge folks from making is the process of making a church or a pastor an executor.  Again, most folks would agree that a church is by our side for spiritual guidance versus the estate transfer process.

    Thus, if gifting to a church is what a person desires, make the process easier by using a trust or will.

    If you need help with this process, please contact me.

  • Appealing An Unemployment Claim With Snake Oil

    Appealing An Unemployment Claim With Snake Oil

    Snake oil is a medical term that means of little value.  In other words, a treatment that offers little value is viewed as snake oil.

    Likewise, I use the term snake oil when I hear unemployment appeal strategies unsupported by a sound legal rule or principal.  Unfortunately, thinking we are right is snake oil.  Pointing to a rule under Chapter 268 that supports a specific event is much more effective process.

    Snake Oil:  Unemployment Sources

    Unfortunately, we can find many sources of unemployment snake oil.  This includes spouses, siblings, friends, parents and former co-workers.

    Look, most people in our life want the very bests for us.  Sometimes, this means agreeing with an anecdote supported by love versus sound rules of law.

    Snake Oil and Being Objective

    Most folks who contact me about an unemployment issue are trying to figure out whether they have a case.  I agree with this strategy.  Determining whether a claim is valid or invalid means finding a rule that supports an event.

    Sometimes, selecting a legal strategy is easy.  Although it can be difficult to share with another person that Minnesota’s unemployment laws do not support a discharge, determining whether a person has other options, like finding another way to become eligible for benefits, brings me great satisfaction.

    Thus, one of my many jobs is to offer objective advisement.  Please avoid drinking snake oil and contact me directly.

  • Estate Documents Ranked

    Estate Documents Ranked

    In one of my recent community education classes, I was asked to rank my favorite estate documents.  Thus, here we go…

    Really though, I think the issue was more about money than actual estate documents.

    In other words, if I had a limited budget and I needed to use my resources wisely, which documents would I desperately need?  Minus my first reaction – all of them, here are my thoughts:

    Estate Documents Ranked #5 – Revocable Trust

    Because a trust document is a lengthy and tedious process, I am ranking trust documents number five verses number one.  But, their effectiveness is off the charts.

    A long long time ago, people started using wills to make sure their stuff was passed along easily and effectively.  Those days are gone.  Today, one of the most effective tools is a revocable trust.  Your grandparent’s estate planning methods are out of date.  If you are a grandparent, making an update can make holiday gatherings fun again.

    My point is this:  because a trust helps families reduce the risk of probate and it grants a trustee an opportunity to manage our affairs while we are still alive, I believe a trust is absolutely one of the best documents in any plan.

    #4 – Transfer on Death Deed

    My fourth estate documents ranked are transfer on death deeds or TODD.  In practice, this document is awesome because it instantly transfers property titles to another person or beneficiary.  Sometimes, eve more than one beneficiary.

    On the other hand, drafting a legal description and using the right conveyance form makes this process difficult for families needing help.

    Nonetheless, because this type of document trumps a will and our number one asset is often a home, I ranked transfer on death deeds higher than a traditional will.

    #3 – Health Care Directive

    When I am sick or unable to talk for myself, I like the idea of making sure my loved can make health decisions on my behalf.  Luckily, a health care directive or living will can do just that.

    I am in favor of making sure my affairs are straight when I am dead, so the burden imposed on my family is less.  But, I like the idea of focusing on my own well being while I am alive.  This is especially true when I introduced to an unexpected emergency.

    Thus, I like the idea of ranking living wills as my third favorite estate planning document.

    #2 – Power of Attorney

    A lot of people are surprised when their spouse cannot make certain transactions on behalf of their partner, without being granted a power of attorney.  Luckily, this risk can be accounted for by using a free form linked below.

    Yes, one of the most powerful documents we can put our signature on is a Power of Attorney form.  Some people are scared of this.  Others, use it to their advantage.  Obviously, every person is different and they should seek advisement exclusive to their situation.  That said, it is worth the effort of reviewing what this type of document might look like.

    Since Minnesota introduced a free power of attorney form, I encourage many folks to select their attorney-in-fact wisely, while ensuring certain household events are easily cared for:  house payment, buying groceries, assessing my checking account, etc.

    Even more significant, a power of attorney can be used if or when I am incapacitated, which puts me at ease.

    #1 – Beneficiary Forms

    My number one estate documents ranked are beneficiary forms attached to financial accounts (IRA, 401K, 403b, etc.).  Usually, these types of documents are readily available, are easy to fill out and offer instant relief.

    In many circumstances, a beneficiary form will trump directions outlined in a will or trust.  Because they are so effective, anybody failing to update their beneficiary form is creating a huge mess or forcing their family to seek relief in probate court.

    In addition, I like the idea of gathering copies of my beneficiary forms and having them available.  In other words, I keep copies of beneficiary forms with my other important documents.  In theory, this will help my loved ones with an easier transition upon my demise.

    Estate Documents Ranked – Honorable Mentions

    Of course, there are many other resources that families and veterans should consider when creating an estate plan.  Thus, here are a few resources and documents that folks are using:

    • Minnesota’s Attorney General’s feedback on Estate Planning
    • Pour Over Will
    • Funeral Directive
    • Certificate of Trust
    • Standby Guardian for a Child
  • Employment Misconduct in Minnesota Means Just About Anything

    Employment Misconduct in Minnesota Means Just About Anything

    Employment misconduct is a phrase used with unemployment benefits in Minnesota.  As you will see, it can mean just about anything. As a result, how events are described is a critical takeaway for applicants to consider.

    In my experience, workers, employees, managers and executives focus way to much energy on why they didn’t do anything wrong versus what they did right.   Focusing on what an applicant or employee did right is sometimes a very strong strategy when trying to win an appeal for benefits.

    Because misconduct in an employment setting is a phrase used by people who do not understand it, I prefer to focus on what isn’t employment misconduct.

    Even more importantly, there are 10 things that are not employment misconduct.  In other words, if a person in MN gets fired or discharged because their actions can be defined as so, then very likely, that same person is on the right track for benefits.

    Unfortunately, there are thousands of cases (or a legal precedent) that define this list of 10.  Knowing this list is important.  Knowing how Minnesota further defines this list is even more important.

    None the less, I want to introduce these ten things because they can help inspire a successful appeal for unemployment benefits.

    Employment Misconduct – The List of 10

    Here are the 10 things, in no particular order,  that are not considered employment misconduct:

    1. Medical or Mental health Issues
    2. Inadvertence
    3. Unsatisfactory Conduct
    4. Reasonableness
    5. Inability
    6. Good Faith
    7. Absence because of an Illness
    8. Absence because of a Family Member
    9. Chemical Dependency
    10. Domestic Abuse

    Fired Because of Medical issues

    Generally, a person who is fired from their job because their work was impacted by a medical or mental health issue can become eligible for unemployment benefits.

    Of course, every medical and mental health issue is not treated the same.  For this reason, this issue usually requires a nexus between the health issue and the event(s) that led up to the employee’s termination.

    Also, a lot of applicants incorrectly identify this issue and end up disqualifying themselves because their future work is impacted by a medical issue too.  Again, this is a complicated term.

    Inadvertence is Not Employment Misconduct

    The term inadvertence means something different to nearly every employer.  In my experience, the priority of expectations will usually be the number one contributing factor to a challenge due to inadvertence.

    As you might expect, an argument in favor of inadvertence isn’t the strongest approach, but it can work because the law supports it.

    Employment Misconduct in MN doesn’t include Unsatisfactory Work

    A lot of folks think work satisfaction is production based.  In other words, if I produce something and my employer doesn’t like it, I must have produced unsatisfactory work.

    Wrong.  Unsatisfactory work has nothing to do with production and everything to do with expectations.  This means a worker, employee, executive or whomever needs to identify an expectation and prove how it was exceeded.

    Unfortunately, a lot of applicants become frustrated when their employers lie about expectations.  For this reason, finding tangible evidence can become increasingly important.

    Acted Reasonable is Not Employment Misconduct

    I cringe when folks talk to me about reasonableness because they usually have no idea that acting reasonable requires specific examples of past interactions or supporting a specific thought process.

    Saying an event was reasonable usually doesn’t stick until the event is compared to past events or past experiences with other staff, customers, or situations.

    Nonetheless, showing why an action was done in a reasonable manner can have a very powerful outcome for folks appealing their unemployment benefits.

    Inability is Not Employment Misconduct

    Like I mentioned above, the term employment misconduct is defined by thousands of court cases.  In my experience, inability can mean a number of things:  lack of skill, lack of training, lack of understanding and work overload.

    Sometimes, applicants confuse inability with indifference or a lack of attention.  Nonetheless, this is one of the ten ways a person can prove why they should be eligible for benefits in Minnesota.

    Getting Fired When Acting in Good Faith

    Good faith and reasonableness have a lot in common.  If worker can outline a specific process and back it up with experience, expertise, knowledge or valid communications, then this issue becomes less complicated.

    On the other hand, acting in good faith while using poor judgment can create problems for applicants appealing their unemployment claim.

    Is Being Absent from Work, Employment Misconduct?

    The difference between being absent from work and abandoning one’s job is huge.  As you might expect, employers need to keep their business running.  When they cannot depend on a person or a person does not show up for work, employers are often left with little choice.

    But, just because an employer doesn’t have a choice, doesn’t mean a worker is automatically ineligible for unemployment.

    Instead, when employees can prove bad luck, acts of God or an event that the employee did not have control over, then folks have a promising case.

    But, communication is key.  Calling into work and sharing bad news, bad luck, etc. always looks good.  Certainly, I have seen plenty of people who have had such bad luck, they didn’t have access to a phone or cell phone.  Yes, even in modern times, people are unable to reach a phone.

    Fired for Drugs or Alcohol

    The employment misconduct rules in Minnesota are very supportive of folks with drug and alcohol issues.  Where drugs and alcohol turn into a problem for ineligible is when a worker is required to drive or use heavy equipment.  Again though, there are many legal theories around this too.

    Domestic Abuse is Not Employment Misconduct

    A long, long, time ago, I had a Client who was discharged because they were injured from a domestic abuse situation.  What made their case troublesome was the fact they were unwilling to talk about it openly and they were afraid to seek help from the police.

    In my experience, this is more often the rule than the exception.   Sometimes, workers can use the medical and mental health issue referenced above to assist their cause without risking their own safety.  Other times, this isn’t possible.

    For those needing help with this issue or any issue listed above, I like the idea of making sure a person is comfortable with the process before proceeding.

    Appealing Employment Misconduct

    Yes, seeking an appeal is worth the effort.  If you are appealing unemployment benefits after being told in a letter that the unemployment office thinks your actions were employment misconduct, please contact me directly.

  • Social Security For Veterans: The Faster Way

    Social Security For Veterans: The Faster Way

    Social security for Veterans who are not retired is a very common issue.  In fact, I wish more veterans who have a disability would file and seek social security benefits.

    The intent of this post is to point out a special rule military veterans with a 100% permanent and total (P and T) disability rating.  The rule is simple:  vets with a hundred percent disability rating can seek an expedited claim process for social security benefits.

    For the military veterans who do not have a 100%  disability rating, don’t give up.  Seeking SSDI benefits is a worthwhile process and appealable too.

    Veterans With a 100% P and T Disability Rating

    Whether a Vet files a claim online, by phone, or using a paper application, every applicant seeking benefits should be:

    • Identifying themselves as a Veteran
    • Adding a special remark to their paper application, and
    • Attaching and submitting their VA award letter.

    Social Security for Veterans:  How Long Does it Take?

    Every case is different and there is not a black and white answer.  However, military veterans who have an organized claim with supporting documents from their medical doctor seem to have the most success.

    Sometimes, the Social Security Administration will send a military veteran to a government doctor for an examination.  If possible, having a diagnosis and prognosis outlined by a medical doctor or VA doctor beforehand offers the veteran a better opportunity to acquire an approved claim.

    Social Security for Veterans:  Another Trick to the Process

    In my experience, when SS looks at a Veteran’s claim, they are looking for two facts:

    • The military veteran is unable to work, and
    • The vet has a severe impairment.

    When Social Security reviews the issue about a severe impairment, consider one of these two tests:

    • The impairment is going to last for more than a year, or
    • the impairment that will result in death.

    Veterans Filing Social Security Claims

    Again, there are three ways a military veteran can file a disability claim for Social Security:

    • Apply online HERE,
    • Calling the SSA at 800-772-1213, or
    • Visiting the nearest social security office.

    Social Security for Military Veterans

    Veterans who run into road blocks on their VA claim or social security claim can file an appeal.  If you need help with this process, please contact me directly.

    I wish you the very best.

  • Phone Appeal Hearing: Tip #008

    Phone Appeal Hearing: Tip #008

    Your phone appeal can be successful when you know the type of records you can acquire before your unemployment hearing.

    Having a successful game plan for an unemployment appeal hearing is really important.  After filing an appeal, more questions will arise. For example, the unemployment office will probe on the reasoning for the job ending.

    Elementally, all applicants must weigh the type of evidence needed to win the hearing. The next unemployment tip is as follows:

    Unemployment Tip # 008 –  Before going into an unemployment phone appeal hearing ice cold, acquire copies of performance reviews, handbooks and anything else (like one’s entire personnel file). This can be accomplished by using Minnesota statute 181.961.”  

    In other words, applicants seeking benefits in Minnesota can obtain documents from their employment file. In fact, employers must abide by the request. This can be helpful, especially when combating a lie or misreported event.

    Other times, employees might consider using records to prove their eligibility and or establish credibility.

  • The Difference Between VA Form 22 and VA Form 21-22a is Huge

    The Difference Between VA Form 22 and VA Form 21-22a is Huge

    The difference between VA Form 22 and VA Form 21-22a is as easy as determining whether the Veteran wants an attorney or a Service Officer to represent them during an appeal.

    VA Form 22 is used when a Veteran wants a Service Organization, like the VFW, to represent them.  VA Form 22a tells the VA an attorney is representing the Claimant.

    Why is VA Form 22 Important?

    One of the reasons this VA form is so critical is the fact it helps clarify when and where notices are sent.  In other words, when the VA contacts a military veteran by mail, where should the mailing go?

    Second, this form helps clarify who can speak or file documents on behalf of the Veteran.  If a Veteran’s representative fails to submit one of the above mentioned forms, a filing might go unrecognized.

    As you know, VA benefits are a serious matter.  In my personal and humble opinion, I like the idea of retaining an attorney versus a service organization because VA benefits are supported and protected by federal laws.  As an attorney, I work with laws, rules and the legal process on a daily basis.  Even though service organizations do great work, consitutional provisions and due process isn’t necessarily their strong suit.

    When Can Veterans Use VA Form 22?

    A Veteran can retain a lawyer or service group at any point before or during their appeal process.  In some cases, veterans hire attorneys after their appeal has expired.  But, this is a topic for a different day.

    Regardless, here are links to these forms, which I encourage every Veteran or family member to review:

    • Veterans wishing to hire a service organization can use VA Form 22
    • Veterans wishing to hire an attorney can use VA Form 22-a.

    Replacing VA Form 22 and VA Form 22a

    Yes, these forms can be used to change and revoke a representative.  Even more important, these VA forms can be changed, edited and updated on a regular basis.

    For the Veterans claiming they are not getting mail from the VA, likely updating one of these forms will improve the flow of information.

    If you have questions or need help, please contact me directly.

  • Unemployment Luck: Tip #007

    Unemployment Luck: Tip #007

    Recently, I have worked with a number of applicants trying their hand at being lucky.  In other words, leaving their appeal up to chance.  For this reason, I believe the unemployment tip referenced below is going to save people from making a bad choice.

    Unemployment Tip # 007 –  Being lucky versus good is a horrible strategy.  Instead, assume the unemployment law judge is not looking out for the Applicant’s best interest and know which rule proves one’s eligibility.”  

    In other words, hoping an ULJ will pick the right law to grant benefits is a loosing strategy.  Instead, focus on the strongest argument favoring benefits.

  • Interview for the Unemployed, Tips and Thoughts

    Interview for the Unemployed, Tips and Thoughts

    An interview for the unemployed is stressful.  Answering questions about a job loss makes this process even more difficult.   This is especially true when a person does not know how to classify the events that led up to their job ending.

    Because most folks who contact me are unemployed, I am very familiar with this type of anxiety.

    Being Scared about the Unemployment Label

    No, I do not think workers should be scared of referring to their job loss as a lay off.  Really, what alternative do we have?  It happened and now we need to move on, right?  On the other hand, we cannot make the situation worse by falling for a trap.

    For one, a layoff and getting fired is practically the same thing.  The distinction people get stuck on, are the words and events that led to their job ending.

    Whether an employer is honest or they stretch the truth to avoid unemployment taxes imposed by Minnesota, is not a problem or issue a person should bring to their next interview and job.  Please read on, for more tips.

    Interview For the Unemployed Worker:  Resume

    Personally, I like to see people focusing more on their skills and talents within a cover letter, resume or application than a negative.

    First, time and space is of the essence.  Second, the interview process is likely the better venue for discussing a job loss.  Third, a person gets hired based on their talents.  You already know this, but I will say it always: focus on your positive attributes instead.

    Applications for Unemployed Workers in Minnesota

    Surprisingly, I meet with a lot of people who cannot wait to fill out a job application and use their past employer as a reference or summarize a storyline that led to their job ending.  Don’t do this!

    Would a divorced person encourage a potential date to ask their ex-souse questions about a past marriage?  Of course not!  Your divorced?  Ok, lets move on.  Likewise, I believe the same is true for folks filling out applications and work past the unemployment process.

    That said, a person who is divorced shouldn’t lie about being married.  And, job applications shouldn’t lie about having a past job.

    The trick is keeping it simple.  In my experience, a lot of employees, workers, managers or whatever, are able to state with a clear conscious that their job ended because they were laid off.  Period.  When the situation is more complicated, I think seeking help is highly encouraged.

    Unemployed Workers Getting Interviewed

    Every person who has suffered a recent job loss (quitting or otherwise) should take their unemployment benefits seriously to assist in their transition.  After that, focus on acquiring an interview.

    The difference between a bad interview and a great interview is preparation.  Unfortunately, unemployed workers are failing at the interview question about their job loss.  Sometimes, future employers use “why do you want this job” as another way of asking about your job loss.  Do not fall for this trap.

    Luckily, you read this article and contacted me directly.  Limiting an answer to a lay-off is so much easier than talking about a bunch of events which only a significant other and an attorney should know about.  Perhaps you agree.

    Either way, I wish you the very best.