Author: Jasper Berg, J.D.

  • Never Create a Joint Account with your Children

    Never Create a Joint Account with your Children

    A joint account with children is not a recommended estate planning tool.

    Many times, older adults believe adding one of their children to their checking account is a good strategy.  Even though you love and trust your adult children with all your might, avoid the temptation of making a joint account with children.

    The preferred method versus a joint account with children

    The preferred method to accomplish these goals is using a document called a power of attorney.  The rules that govern a power of attorney are found in Minnesota Chapter 523.  Also, Minnesota’s form for a short form Power of Attorney can be found here.

    Generally, an older adult wants to change their checking account to a joint account with children because:

    Using a document that grants an adult child power of attorney allows them pay your bills, buy things on your behalf, and send out birthday or Christmas gifts.

    Yes, a power of attorney can authorize your adult children to accomplish these goals even if you become incapacitated or are unable to communicate on your own behalf.

    Reasons a joint account with children is bad

    There are two main reasons why a joint account with children is bad:

    • Debt collectors wanting money from your children can garnish your account and
    • Your adult children can be overwhelmed with poor judgment.

    It is my experience folks who create a joint account with children put them in a difficult position of managing your money when you do not necessarily need or want help.

    Also, for people who have more than one child and make only one of their children a joint owner, the left out child can feel slighted.  Other times, the left out child will view scrutinize transactions and claim fraud.

    For these reasons, avoid creating a stressful environment by not making a joint account with children.

    Help before creating a Joint Account with Children

    Before making a a joint account with children, please contact me for help outlining other options for you consider.

  • Caring For Your Dog by using a Veterans Power of Attorney Form

    Caring For Your Dog by using a Veterans Power of Attorney Form

    A Veterans power of attorney form can help another person take care of your dog.  More importantly, the VA form for a POA can help families take care of their Veteran.

    Like you, I am a veteran.  Deep down inside, I believe all of us are afraid of VA hospitals and nursing home facilities in some capacity.  Wouldn’t it be nice if a Veteran’s family could make decisions and stand-up in a time of need?

    The process of granting a person within a family or a person outside a family the ability to care for a Veteran, their dog, or manage their affairs is as easy as adding the Veterans Power of Attorney form to an estate plan.

    Dangers of using a Veterans Power of Attorney Form

    Absolutely, the process of using a VA POA or Living will can be a dangerous proposition too.  In my experience, here are four (4) major dangers for Veterans using a Power of Attorney Form:

    1. Granting power to a person they cannot trust,
    2. The form contradicts another form in an estate plan,
    3. Not having a form or document that helps the Veteran in a specific situation needing attention, and
    4. Failing to fill out the form correctly.

    Preventing problems

    Here is how Veterans can prevent problems:

    • Identify a list of people they can trust,
    • Think through what or when the Veteran needs their help,
    • Ask if the Veteran might require medical attention outside the Veterans medical system, and
    • Will the Veteran’s wishes be impacted if another estate planning document contradicts their intentions?

    What can a Veterans Power of Attorney Form do for me?

    The most powerful form on the planet is likely granting another person power of attorney.  In other words, granting another person a power of attorney might allow them to literally do anything and everything without the other person’s consent.

    On the other hand, the form used by the VA does a “good job” of identifying this risk.  Perhaps more helpful is the fact the VA Form does more than granting a Power of Attorney.

    Yes, additionally, the form used by the VA can grant another person power to make healthcare decisions too.  This person is called a Health Care Agent

    Do Veterans need a Power of Attorney or Health Care Agent?

    Believe it or not, a spouse in Minnesota likely cannot act behalf of their Veteran if the Veteran fails to formalize a document granting their spouse power.  Absolutely, having a power of attorney or health care agent is a personal decision.

    However, many families are surprised to find out their abilities to help a Veteran are limited if certain documents are not included in an estate plan.

    In my practice, I prefer working with Veterans by helping them identify risk, alleviate fear, and have a formal estate document in place while trying to account for as many scenarios as possible.  For example, does the Veteran anticipate traveling abroad, traveling domestically or needing care at a Minnesota Veteran’s Nursing Home?

    Again, each process for each Veteran is going to be different because every Veteran has different wishes.

    Where can you find a Veterans Power of Attorney form?

    Yes, every Vet has the ability to download and print the VA’s form.  The form is number 10-0137 and it can be accessed here.  On the other hand, not every Veteran or family should use this form and I encourage Veterans to ask why.

  • Pets In Your Will, But Should You?

    Pets In Your Will, But Should You?

    Pets in your will you say? As a pet owner myself, pets are significant to a family and those caring for them. As a result, being creative with their care and long-term planning is a must.

    Unfortunately, our estate laws treat pets as property, versus the loveable family members they really might be. This means having a plan for your pets is a legitimate planning goal.

    Naming Pets In Your Estate

    The preferred method of assuring your pet is cared for is the process of creating a “pet trust.”

    From a practical perspective, this means creating a trust for your larger assets and including a specific claws (or clauses) exclusive to your pets. Ideally, the section takes into account the Trust Act.

    On the other hand, a will can certainly be another method of caring for a cat or dog. But, animals needing care for medical issues or maintenance will likely benefit more from an owner deciding in favor of a pet trust versus other planning tools.

    Pet Trust Claws

    Obviously, nobody knows your furry friend better than you. But, there are many animal owners who forget the significance of adding a photograph to their trust, addressing feeding schedules, being clear on which veterinarian is desired, etc. In other words, a pet trust should be drafted in a way that is exclusive to your animals.

    Also, an article of the trust can allocate money to the needs of your cat or dog. For example, suppose you have your animals groomed once per month and it costs $70 dollars per grooming.  If your dog or cat was expected to live for 8 years, then ideally your pet trust would be funded accordingly.

    Now, this doesn’t necessarily mean having $6,720 dollars readily available ($70 x 12 x 8). But this does might mean gifting a motor vehicle to the pet guardian selected that takes into account the maintenance of your four legged friend. Again, creativity is the name of the game when considering placing pets in your will.

    Guardians Named In Your Trust

    Money aside, selecting the best animal guardian in your will or trust means addressing this issue before it comes up. In other words, ask your friends and family members. Ask them whether they would be willing to care for your pet is highly encouraged.

    As the saying goes, an ounce of prevention is worth a pound of cure. Unless you ask, you may never know whether the person you selected is allergic to hair or physically unable to care for more than themselves. Thus, asking questions or interviewing potential guardians is a strong proactive move.

    Are There Other Options

    Yes, there are other options versus naming pets in your will. Whether you are considering a will, a trust, or want to leave a charitable contribution to an animal friendly organization, I think we all agree that our furry friends are family.

  • Over My Dead Body: Pay Back Your Inheritance

    Over My Dead Body: Pay Back Your Inheritance

    What if you had to pay back your inheritance?  Sounds crazy, right?  Well, not so fast.

    Recently, I came across a personal representative who completed an informal probate process on their own through the probate process in Hennepin County.  The person that died was their parent.

    During the this process, no will was found and the probate court divided the estate into three parts:  50% to the personal representative, 25% to a niece and 25% to a nephew.

    Unfortunately, a will was found AFTER the estate was closed.  Even worse, the will stated the personal representative (the parent’s child) should receive 100% of the estate, which was different than what had been previously provided.  Now what?

    Luckily, there are rules and laws in place to help facilitate this problem.

    Laws to pay back your inheritance

    In Minnesota, rule 524.3-1006 limits an ability to force or make another person pay back your inheritance if it has been more than one year after the estate was distributed or three years after the decedent’s death, which ever is “later”.

    This means Minnesota probate laws support not returning an inheritance if it was incorrectly paid only if the time periods have expired.

    Pay back your inheritance – exceptions

    On the other hand, a beneficiary might be compelled to pay back your inheritance for the following reasons:

    • You are within the three year time limit, or
    • A beneficiary engaged in fraud.

    Balance the value of your inheritance

    Another element I believe is very significant is the balance of relationships.  In other words, should the personal representative re-open the estate to “take” more money?

    In the above example, the personal representative was excited about finding their parent’s will because it meant their inheritance should have been $5,000 more.  Is an extra $5,000 worth engaging a lawyer, re-opening a probate case and using procedure to make beneficiaries pay back your inheritance worth it?

    Would your answer change if the gift increased to $10,000 or $50,000?

    Yes, these are difficult questions to answer and the dynamic of your family is a critical piece to consider.  In my opinion, there are multiple factors to consider, which makes every probate different.

    Do you need to pay back your inheritance?

    Please contact this law office if you need help with determining if you should pay back your inheritance.

  • Ten Years After He Died, A Trust Breach Occurred

    Ten Years After He Died, A Trust Breach Occurred

    Trust breach happens when your children decide to argue over semantics.  Would you rollover, in your grave, if your children sued one another ten (10) years later?

    Well, this actually happened in a case called In re: The Frank John Rodriguez Sr. Trust.  As unfortunate as it is when trustees are sued by beneficiaries, we can learn a lot from this public case.

    Really, I believe the punchline for the Rodriguez family comes down to cordial communications and unconditional love between siblings.  Unfortunately, it doesn’t appear either of these attributes existed.

    First lesson in preventing a trust breach

    In my experience, most if not all trustees are trying to do the right thing.  Sometimes this works out perfectly.  Other times, sibling rivalry kicks in and every decision gets scrutinized.

    Money is not the issue.  Instead, family dynamics is the controlling factor.  Not every family is equipped or able to handle a trust for an estate.  I have seen many examples where a parent’s estate should have been divided in equal shares.  Yes, you have a choice.

    What I am really trying to say is this:  you know your family better than me and I encourage every person to reflect and predict the behavior of their family members.  For example, ask yourself:

    • What might go wrong?
    • Do my children or their spouses disagree a lot?
    • Are they mentally strong enough to make black and white decisions?
    • Is there a good reason why equality of an inheritance is a bad idea?

    Second lesson in preventing a trust breach

    The second lesson we can learn from the case above is the following rule:  a trustee must manage trust assets as a prudent investor, considering the purposes, terms, distribution requirements, and other circumstances of the trust.

    Yes, every person wishing to form a revocable trust should select their trustees wisely.  More importantly, a trust document should help the trustee.  Even from your grave, you can impact your family by helping them:

    • Identify trustworthy professionals or entities for assistance,
    • Allowing for a corporate trustee, and or
    • Leaving room for an error of judgement.

    Third lesson in preventing a trust breach

    The third lesson we can take from this case is the fact we as people can prevent or reduce the likelihood of a trust breach by engaging in open communications.

    Communication needs to extend beyond text messaging and Facebook postings.  I am talking about sitting down for an hour or two and working through details.  Those who need help can:

    • Retain an agent like an attorney,
    • Use mediators, and or
    • Choose a public setting to reduce tension.

    Getting back to the case above, Brother is upset with Sister.  If you have a sibling, perhaps you have experienced this too.  What makes this case unique is the issues being argued.  Here, Brother believed he received an offer from another person wishing to buy their dad’s property at twice the value.

    In my experience, an offer to purchase property works through a real estate agent and or the usage of a purchase agreement.  This case doesn’t appear to have either.

    Also, the Court does not explain why a firm offer failed to exist.  Even more significantly, my gut says Brother wanted conflict more than the sale of his dad’s house.  Additionally, contract law fails miserably and works against Brother.

    Fourth lesson in preventing a trust breach

    Certainly, we could find more, but the final lesson I believe goes without saying when working through a Minnesota trust breach is:  attend scheduled court hearings.

    Yes, Brother missed a court hearing.  When a person misses a court hearing, their goals sometimes turns into asking a court to start over.  Yes, a trust breach can start over under rule 60.02  upon asking a court to review:

    1. A mistake,
    2. Inadvertence,
    3. Surprise,
    4. Excusable neglect, or
    5. Any other reason justifying relief.

    Prevent trust breach in Minnesota

    I believe the best step is having a formal discussion to address issues and prevent trust breach.

    Please contact me if you want additional information.

  • What If Your Trustee Dies?

    What If Your Trustee Dies?

    What if your trustee dies?  Between you and me, I would much rather be in the position of worrying about a trustee dying versus your death.  Thus, perhaps working through the situation where the trustee dies is not as bad as it might first appear.

    If a trustee died and you need help, please contact this law office.

    If a trustee dies, who is the trustee?

    The first issue is determining who is the active trustee.  A trustee is similar to a personal representative discussed in previous postings.

    Generally, a person who is still alive and owner of a revocable trust is their own trustee.  In this situation, if a trustee dies, it is typically worrisome only if the trustee was your primary backup trustee.

    On the other hand, if the primary trustee dies, a properly drafted trust document will contain a list of backup trustees.

    Who can serve as a backup trustee?

    The backup trustee will typically be identified in the trust document.

    A backup trustee can be:

    • Spouse
    • A child 18 years of age or older
    • A family member,
    • Friend
    • Certified Public Accountant
    • Attorney
    • Investment Advisor
    • Private Trust Company
    • Bank with trust powers
    • Or, a combination of the persons identified above.

    What if your backup trustee dies?

    If the backup trustee dies, then hopefully the trust document provides a list of successor trustees.  This means the trust document outlines a backup to the backup.

    Yes, an option for people to assure security in their trustee selection is to attach conditions or resources to the assigned person.  For example, making it a requirement or duty that your trustee seek affirmation from a CPA or investment adviser.

    Another option is granting or assigning your bank or a trust company to manage your trust on your behalf.

    If my trustee dies, how many backups can you have?

    In Minnesota and to protect against a situation where a trustee dies, Clients at this law office are encouraged to identify as strong list of backup trustees.

    For Clients who do not have any living family members or do not like or trust their family members, one can choose a third party for support.  For example, it is very common for people to seek and identify a trustee like their CPA or a private company.

    On the other hand, if your trust document does not identify a backup or everybody on your list is no longer living, your beneficiaries are stuck seeking a Court for help.

    Help when a trustee dies

    If you need help amending a revocable trust to account for the death of a trustee or any related estate planning document, please contact this law office for help.

  • Why Seasonal Unemployment Stinks

    Why Seasonal Unemployment Stinks

    Seasonal unemployment can stink for non-union workers.  I believe you have an opportunity to fight back.  Today, I will focus on my non-union friends.  

    Yes, unemployment rules are different for non-union workers versus union workers.  Even more significant, non-union workers can be categories as:

    • Agricultural workers and
    • All other workers.

    Provided you are able to categorize your job status, I hope you find the following outline exclusive to workers concerned they will be laid off after the busy season helpful to your unemployment process.

    Rule 1 why Seasonal Unemployment Stinks

    You already know this, but I will express it anyways.  Having a seasonal job stinks because it is impossible to guess when the job will end.  Unless there are extenuating circumstances, I believe a worker can improve the likelihood of being eligible for benefits when they work every possible day.

    In other words, do not end your job prematurely because you know the job will end sooner than later or somebody stated the job was going to end.  Instead, stick it out until they [your employer] specifically states you cannot work and you are not allowed to come back.

    Rule 2 why Seasonal Unemployment Stinks

    The second reason why seasonal unemployment is no fun is because workers sometimes want a more permanent job that pays the same or more than their last job.

    Minnesota unemployment rules for seasonal unemployment suggest a worker likely has to accept a temporary job.  However, a worker’s skill, job market and wage history impacts the worker’s eligibility.

    Rule 3 why Seasonal Unemployment Stinks

    The third reason why seasonal unemployment stinks is because certain payments delay unemployment benefits.

    Obviously a seasonal worker finding themselves out of work needs benefits as soon as possible.  Unfortunately, these types of payments delay benefits:

    • Vacation pay,
    • Sick pay,
    • Personal time off pay, and
    • Separation pay.

    In my experience, some workers do not know why or how much money to expect in their paycheck.  Sometimes, workers get pay checks weeks or months after their job ended.

    Long story short, keep accurate records and do your very best to answer weekly eligibility questions with precision.

    Other Minnesota laws impacting Seasonal Unemployment

    Yes, there are many other laws that impact a worker’s eligibility.  I encourage all seasonal workers in Minnesota to familiarize themselves with the following:

    Those needing Help

    Before the summer jobs come to an end, please share this article with others.

  • Does Unemployment Nice Really Work?

    Does Unemployment Nice Really Work?

    Unemployment nice is a term I use to describe a losing strategy used by many applicants trying to acquire unemployment benefits.

    Being nice to your pet builds a strong bond.  Being nice to the unemployment office helps when you need administrative assistance.  However, using unemployment nice is not an effective legal strategy when you are trying to prove your eligibility.

    Unemployment Nice does not work

    Look, every piece of information an applicant gives to the unemployment office needs to support your eligibility for benefits.  Instead, you may inspire an audit from the unemployment office by:

    • Being whimsical,
    • Describing your medical history,
    • Identifying an error or mistake,
    • Telling them about your vacation,
    • Explaining your educational aspirations,
    • Asking if certain income will count against your wages,
    • Or telling the unemployment office about your job application process.

    Because most people do not like the idea of being audited or scrutinized, please be ready for anything and everything.

    Unemployment Nice with your Judge

    Absolutely, every person should be nice to their unemployment law judge (“ULJ”).  Unemployment nice is different from being polite.  Time and time again I hear or see applicants trying to play the nice card as if it will help them acquire benefits.

    Yes, most unemployment law judges will see right past this and you need to have your ducks in a row.

    Unemployment Nice with administrative stuff

    Yes, be nice to the people answering phone calls to assist you with access to your unemployment account or password.  But, restrict the temptation to tell your story just to see what “they” might think.

    Instead, access free resources and conduct your own legal research by comparing your case to publicized decisions.

    Unemployment strategies that work better

    If you need help figuring out what to do, what to say, correcting an error or combating a lie, please consider contacting me for help.

  • 7 Tips When Picking a Standby Guardian

    7 Tips When Picking a Standby Guardian

    Picking a standby guardian is hard.  I believe every parent stresses over the care of their child.

    Thinking about a situation where you are unconscious or dead quadruples this stress.

    Luckily, parents can:

    • Designate a standby parent,
    • Identify an alternate or backup to their first pick, and
    • Select which triggering events will allow for a standby to step in.

    Rules and Forms for a Standby Guardian

    Yes, Minnesota has specific rules on the designation process.  The rules for a standby guardian are under Chapter 257B.

    Also, Minnesota has a somewhat helpful form as a guideline, which you can find HERE.

    Tips for selecting a standby guardian

    In my opinion, here is a short list of tips and risks for selecting a standby guardian:

    1. Select a guardian that doesn’t contradict your Will or Trust,
    2. Do not force your standby guardian to blend your child’s money (your money),
    3. Do not incorrectly complete a standardized form,
    4. Communicate your desires with the primary and alternate backups,
    5. Do not grant a different standby guardian for each child,
    6. Acquire signatures from your standby, and
    7. Have a guardian for a short-term conflict and a long-term conflict.

    Can a Standby Guardian take my child to daycare?

    Yes, a standby guardian can take your child to daycare in the event you are hurt or injured.  Likely though, you are confusing the goal of this form with a form for delegating parental rights.

    In my experience, parents confuse the process of selecting a guardian with a different form often called a power of attorney for childcare (sometimes called a Delegation of Parental Authority).  Yes, a power of attorney for childcare is a different form and usually used in situations where grandparents help with:

    • Medical care,
    • Dental visits,
    • Obtaining prescriptions,
    • Daily activities.

    Triggering events for a standby guardian

    Earlier, I identified a term called triggering events.  Basically, a triggering event is a situation you select that gives the guardian a reason to step-in.  Absolutely, everybody has the potential of outlining a different list of triggering events specific to them and their family.

    Here are a few examples:

    • Your death,
    • Unconscious,
    • Being ill or sick,
    • Both parents being unavailable,
    • A parent is serving in the military, and
    • Jail.

    Other requirements to think about

    In addition to other conditions under Chapter 257B, every form should include your:

    • Intent,
    • A list of conditions,
    • The use of two witnesses,
    • Signatures from both parents, and
    • An acceptance from the guardian of your choice.

    Need more help?

    Please contact me directly if you find yourself needing help.

  • Did your Witness for a Will Get Drunk or Hostile?

    Did your Witness for a Will Get Drunk or Hostile?

    You do not want the witness for a will to get drunk or hostile.  I believe every person trying to formulate their will should have nice and friendly people as their witnesses.  Because Minnesota law agrees, this is how I approach a witness for a will.

    Who can be a witness for a will?

    In Minnesota, rule 524.2505 tells us any competent person, including your loved ones, can be a witness.  Here is what I look for:

    • A person who is older than 18 years of age,
    • A person who is not an anticipated heir,
    • A person with a sound mind, and
    • A person who is can agree to be at a specific place on a specific time.

    How do you know if a witness for a will is 18 years of age or older?

    This part of the problem is very easy.  You look at their driver’s license.

    Also, this is important too because I like including the witnesses city or town of residence to their signature block as a witness.

    How do you avoid an anticipated heir?

    Without asking, it is difficult to know whether the folks I depend on as a witness are heirs of my Clients.  However, the day I have a Client tell a witness “hi so-and-so, it is great to see you”, that will likely lead to additional question and or the use of a different witness.

    The best way to begin the process of understanding who is or is not an heir, consider this resource from our Attorney General.

    How do you know if a witness for a will has a sound mind?

    In my experience, this is hardly an issue except when Clients ask whether their elderly parent or jittery adult child can serve as a witness for a will.

    Unless you acquire a medical examination, very likely neither one of us will know if a witness has a sound mind.  However, here are a bunch of facts I look for:

    • Slurred speech,
    • Do they have a difficult time finding their license,
    • Can they write their name without asking how,
    • Do they look you in the eye,
    • Are they in good spirits, and
    • Do they give off a sharp or sound impression?

    Do you really need a witness for a will?

    Yes, in Minnesota you absolutely need a witness for a will.  In fact, you need at least two people.

    Yes, if you believe one of your family members will be a pain in the butt once you move into Heaven, there have been times when I encourage Clients to use or seek three (3) witnesses.

    Need more help?

    I recognize I am taking a somewhat lightheartedness towards witness selection.  On the other hand, family members fight over witnesses selection all the time.

    Thus, please contact me such that we can have a deeper discussion on your family dynamic.

  • My Temp Agency Job Ruined my MN Unemployment

    My Temp Agency Job Ruined my MN Unemployment

    The combination of MN unemployment temp agency benefits is stressful.  If you can, do not mix them.  If you cannot help it, then consider the following.

    How does the temp agency process start?

    Often, unemployment appeals begin and end when an applicant applies for work at a temp agency.  Here are the problems an unemployed worker seeking temp jobs will run into:

    • Wage reporting,
    • Failing to recognize when a work week starts or ends,
    • Turning down a temp job for the wrong reasons, and

    At first, work through a temp agency might seem like a necessity.  If this is your decision and you are collecting or anticipate collecting unemployment benefits, take extreme caution going forward.

    From the perspective of the job seeker, a job through a temp agency is “temporary.”

    From the perspective of the unemployment office in Minnesota, a person who turns down a “temporary” job is no longer eligible for unemployment benefits going forward.  As suggested above, this issue can instigate an unemployment appeal.

    Elements of MN Unemployment Temp Agency

    First, please recognize that a person requests unemployment benefits on a week to week basis.

    Each week, the worker will report whether they are working.  The process of answering questions presented by the unemployment office is often where the risk of an unemployment appeal begins

    Because work through a temp agency is often “temporary”, there are many legal issues related to temp agencies that can get a person in trouble.  For example, a person can become ineligible for unemployment benefits indefinitely after turning down or rejecting a job offer from a temp agency.

    Also, if the unemployment office in Minnesota willy nilly determines a worker failed to accept a valid job offer, that worker could be deemed ineligible for unemployment benefits for each future week.

    Yes, this rule can be true even if the job was “temporary” or if the wages the person was expecting from the temp agency become less and less each subsequent week.

    Other confusing parts for temp workers and their unemployment benefits

    Working at a temp agency can be confusing in terms of hours worked and hours paid.

    A person who works 32 hours or more in any given week is automatically ineligible for unemployment benefits in Minnesota.  From the perspective of the unemployment office in Minnesota, it doesn’t matter whether or not the worker was paid for their labor.

    Yes, there is a government agency (the Department of Labor) that protects workers from this issue.  But, it is not as significant of an issue in terms of unemployment benefits.  Again, this alone can instigate an unemployment appeal.

    Being alert while you are unemployed

    Once a person applies for a job through a temp agency they have to be on alert.  The worker who is collecting unemployment benefits and applying for work through a temp agency has to be on alert because a job offer (even for a day) can be proposed with or without notice.

    The general rule is the moment a worker turns down or rejects a temporary job offer, the person is now ineligible for unemployment benefits indefinitely.  Luckily, there are exceptions to this rule too.

    Double trouble for MN Unemployment Temp Agency

    Another example related to wages can be seen in this example called “double trouble.”

    For a moment, lets assume a person worked at a temp agency some two weeks in the past and was not paid until today.  If the worker was ineligible for unemployment benefits two weeks ago after working more than 32 hours, believe it or not, the wages paid after the fact will also reduce the person’s eligibility for unemployment benefits during the week the worker was paid.  I call this “double trouble.”

    My point about temp jobs and unemployment benefits

    A person who is collecting unemployment benefits in Minnesota and works or anticipates work through a temp agency can unknowingly increase the likelihood of an appeal for unemployment benefits.

    Yes, it is okay to pursue both, but every Applicant trying to manage MN unemployment temp agency should take steps to protect themselves too.

  • Should I trust Military Legal Assistance with my Will?

    Should I trust Military Legal Assistance with my Will?

    Military legal assistance for your will and estate plan should be used in addition to legal help in your home state.  Not only did I serve active duty in the military, I help members of the armed forces and Veterans with their estate plans.

    Thus, if you are in the military or about to be deployed, consider these issues when trying to decide to engage JAG or military legal assistance for your will.

    When do you need military legal assistance for your will?

    Yes, I believe military legal assistance for your will and estate plan needs is a necessity for every person in the armed forces.

    On the other hand, every person in the armed forces should have an estate plan devoted to their belongings back home too.  For example, a will and a power of attorney.  Why?  Because your loved ones need your help in case of your demise or you are unable to talk for yourself while or before being discharged from the military.

    Why do military members need two estate plans?

    A person needs an estate plan for every State or Country you keep stuff.  If your car is located in Texas, but you have a Minnesota license plate, the rules governing your motor vehicle are going to be exclusive to Minnesota laws.

    If you have a bank account at the Credit Union on your base for fort and also have a bank account in your hometown, your hometown bank will require your loved ones to follow Minnesota laws to access your financial documents.

    If you have children and you want your parents to have the right to visit your children on your behalf, you need a parental guardian plan from Minnesota.

    Yes, contact this law office if you are trying to engage JAG or military legal assistance for your will and estate plan.  This is a necessity because a person in the armed forces likely will have two estate plans to accommodate their duty station and the State where they are from.  

    Advice from JAG and military legal assistance for your will

    If JAG or the person you spoke to about military legal assistance for your will tells you their documents are enough to proceed on a deployment, they are right.  In actuality, you do not need an estate plan to participate on a deployment.

    On the other hand, a person who does not take time to create an estate plan before they are deployed is putting their stuff, property, bank records, health care, and care for their loved ones at risk of problems and undesired chaos.

    Military legal assistance for your will and health care

    Unfortunately, members of the armed forces face dangerous situations and can require medical treatment above and beyond bumps and bruises.

    If you require medical attention and your family needs to seek health records on your behalf, consider seeking a health care directive (also called a living will) to support your wishes and desires in case you are not able to talk on your own behalf.

    What if you live internationally?

    Even if you live internationally, this law office has helped members of the armed forces with ties or connections to Minnesota.  If you need help or advice, please contact this law office for help.

  • How My Public Unemployment Appeal Made Things Worse

    How My Public Unemployment Appeal Made Things Worse

    Would you file a public unemployment appeal to fight a lie about being drunk at work?

    Being drunk at work is a problem.  Telling the whole world you were not drunk at work can be a bigger problem.

    I believe every person seeking an unemployment appeal should consider alternatives to their eligibility for benefits before seeking a public unemployment appeal.

    Types of unemployment appeals

    Recently, an applicant seeking unemployment benefits filed a public appeal and made a mess by turning their case into public information.

    In Minnesota, there are generally four types of unemployment appeals:

    1. Phone appeal (Level 1),
    2. Request for reconsideration (Level 2),
    3. An appeal to the Minnesota Court of Appeals (Level 3), and
    4. An appeal to the Minnesota Supreme Court (Level 4).

    The rules governing an appeal for benefits include a rule called statute 268.105.

    How a case turns into a public unemployment appeal

    With very few exceptions, nearly every case filed with the Minnesota Court of Appeals or Minnesota Supreme Court will become public knowledge.  For many, the fear of having their case “googled” when seeking future employment can be scary to think about.

    That said, every case has the risk of becoming public because:

    • Applicants cannot control their former employer’s right to appeal,
    • Records can be subpoenaed by third parties, and
    • Applicants themselves induce a Level 3 or Level 4 appeal.

    Fearful of a public unemployment appeal

    Spending time being fearful of a public unemployment appeal is not necessarily time well spent because there are a number of situations workers or applicants trying to become eligible for unemployment cannot prevent.

    On the other hand, knowing about the application process and eligibility alternatives can have a positive impact on a person’s success for acquiring benefits in Minnesota.

    In my experience, knowing when or how to appeal a case can reduce fear, anxiety and factual issues calling for redaction.

    Help preventing a public unemployment appeal

    The bottom line is this – there is more than one way of becoming eligible for benefits in Minnesota and I prefer alternatives versus telling the world about a problem that could have remained private.

    If you need help preventing an unemployment appeal or making a decision about a public case, please consider contacting me for help.

  • Signs You Have A Painful Estate Plan

    Signs You Have A Painful Estate Plan

    A painful estate plan is one that makes others cringe and shriek.  Very likely, you know what I mean.

    If you do not, here are a few examples to get us going:

    • The plan you made dates back to the 70’s,
    • You re-married and failed to update your old plan,
    • At the age of 80, you just now decided it was a good time to create a plan,
    • Both executors of your Will are dead and you know it,
    • The last time you reviewed your plan was the day you signed it, or
    • You have twice as many grandchildren and half as many daughter/son-in-laws.

    Reduce your Painful Estate Plan

    Yes, you can reduce your painful estate plan by acknowledging it has flaws and making a change.

    To be clear, I believe in reducing stress and anxiety for your loved ones and today is the day I want to make this point clear by associating pain with your outdated plan.

    Yes, a painful estate plan is a bad habit you can change.

    Timing of a painful estate plan is never good

    Ideally, all of us would get a two-year window alarm before our time is up.  Unfortunately, very few of us get this luxury and those that do are generally unable to make decisions on their own behalf.

    In my opinion, one of the best times of the year to begin the process of creating an estate plan is the same week a person begins their taxes.  If this doesn’t work, then anytime between May and December works too.

    The most painful estate plan is…

    Yes, the most painful estate plan is the plan that was never formalized or does not exist.  Quite frankly, I think this goes without saying.   Unfortunately, it is not very difficult to find examples where people failed.

    Thus, please bring this topic up with those that you love and remind them to update their estate plan.

  • My Mom Buried Wedding Rings in her Grave

    My Mom Buried Wedding Rings in her Grave

    Buried wedding rings can be problematic when your decision is left with loved ones.

    I believe every person can use their will or estate plan to prevent family stress and anxiety.

    Below is a brief process outlining how to find a resolution to the buried wedding rings dilemma.

    Estate Planning for your buried wedding rings

    If a person wants their wedding ring buried in their casket or placed inside a tomb, these wishes should be specifically described.  Generally, I prefer a funeral directive along with a Will or Trust.

    In my experience, a funeral directive, which is a document outlining specifics for your funeral, can be easily shared with funeral directors, spouses and adult children.  Having this decision prearranged reduces guessing.

    In my experience, using your will to outline your decision is not necessarily a practical document during the funeral planning process because:

    • You shouldn’t share your will with everybody around you unless required, and
    • Reading your will this soon and openly may cause family conflict.

    Additionally, I think a prudent person shares their desires specific to a wedding ring inside their revocable trust and or will.  Yes, to reduce stress and risk, assuring neither document contradicts one another is a significant goal.

    Estate Planning to prevent having buried wedding rings

    Likewise, people wishing to gift their wedding rings versus the alternative described above can utilize the “specific gift” process within their estate plan.

    Yes, this process can be as simple as affirming where, who and how your wedding ring should be gifted at the time of your death.

    On the other hand, I have heard many adult children claim their mom told them specifically that they would receive the wedding ring.  As might suspect, it can be surprising to many people when it is discovered neither the will or revocable trust shared or expressed this intent.

    I am telling you now – this issue can be solved fairly easily with concrete planning methods expressing your wishes.  Otherwise, risking having buried wedding rings or leaving everything up to chance under Minnesota’s intestacy laws is uncomfortable at best.

    Buried wedding rings and your Medical Assistance

    Another common question arising from including your wedding ring in an estate plan is whether gifting it now or later will impact medical assistance.

    Every situation is different.  In general, medical assistance programs support excluding “personal effects” as an asset.  Sometimes, people seeking this benefit are able to define wedding rings as a personal effect and excluded from a MA calculation.  

    On the other hand, jewelry (like a wedding ring) retained because it has value or an investment will likely fail the the “personal effects” exclusion.

    Help with buried wedding rings

    Buried wedding rings or not, every person has a choice.  Yes, an estate plan is a wonderful way to reduce stress and anxiety for your family.

    Please contact me if you need help.

  • 4 Heads Are Judging Unemployment

    4 Heads Are Judging Unemployment

    Judging unemployment is serious stuff.  I believe the process of seeking unemployment should not start with telling your whole story and finding ways to reduce stress or anxiety.

    Instead, take this process in strides and chunks.

    The first person judging unemployment is…

    The very first person who gets to judge your unemployment claim is YOU!  Being approved unemployment benefits is not based on principle.  Instead, unemployment claims are decided by rule 268.095.

    Sometimes, the best plan is identifying a specific fact applicable to a rule supporting your eligibility.

    Unfortunately, those filling out applications will judge their own merits and fail at identifying the important parts.  In my experience, the most difficult element to separate is emotion.  If you are emotional about your own case, then very likely you have already misjudged your own claim.

    The second person judging unemployment is…

    The second person judging unemployment claims are those reviewing your application.  In my experience, these folks are very unskilled.

    I say this with good intentions because I acknowledge the group of people reviewing unemployment applications have spent zero time reviewing past cases available to the public.

    One of the best ways around this is sticking to facts and the laws favoring eligibility.  Another method, which many people claiming unemployment take, is wishing for the best and appealing a denied claim.

    The third person judging unemployment is…

    The third person judging unemployment claims are people called unemployment law judges or ULJ.

    Yes, unemployment law judges are lawyers hired by the unemployment office who serve as impartial reviewers of unemployment claims.

    In other words, much like a judge you have seen on television or a past experience, an unemployment law judge does everything another judge might do.

    The fourth, fifth and sixth person judging unemployment is….

    Yes, an applicant seeking unemployment benefits can have their case judged by even more people than three.

    If a person decides to appeal their case to the Minnesota Court of Appeals, a fourth, fifth and sixth person will be judging the case.

    When should I judge your case?

    I agree – this stuff can be stressful and overwhelming.

    I believe every applicant can save money and reduce stress by seeking my judgment early on or leaning on a rule that might improve the likelihood of your eligibility.

    If you need help, please contact me directly.

  • 7 Rules for Minnesota Unemployment Eligibility You Didn’t Know About

    7 Rules for Minnesota Unemployment Eligibility You Didn’t Know About

    There are seven rules for Minnesota Unemployment Eligibility.  Yes, there are many other rules and guidelines an applicant should consider, but 7 big ones at a minimum.

    Before taking on the unemployment office, consider the following.

    First, Bad News About Minnesota Unemployment Eligibility

    Bad news first, right? The unemployment office looks at eligibility issues on a week by week basis. This means a person eligible today might not be eligible in a week.

    In other words, a person trying to collect unemployment can get denied in any given week.

    On the other hand, being ineligible this week might mean you can become eligible next week.  Thus, take these 7 rules seriously.

    Good News About Minnesota Unemployment Eligibility

    Minnesota has one of the highest levels of benefits. For some people, applicants can receive nearly $775 dollars per week for a total of nearly $20,000 over a 26 week period.

    Even though lower paying jobs offer less in benefits, it is nice to know that many Minnesotans can keep a roof over their head and food in the fridge upon obtaining benefits.

    Knowing this, let me introduce 7 rules I believe are critical.

    7 Rules for Minnesota Unemployment Eligibility

    Okay, here are the first seven rules every applicant seeking or trying to collect unemployment should consider:

    1. Minnesota rules and statutes are not the same. To start your research, consider Minnesota statute 268.085.
    2. Except for those in special programs like CLIMB, applicants are required to seek suitable employment.
    3. Unemployment audits are always a possibility
    4. The unemployment office has different rules for quitting versus getting fired.
    5. There are lots of ways unemployment benefits can get delayed.
    6. Independent contractors run into problems.
    7. Unemployed workers seeking out employment agencies sometimes run into problems too.

    Other Unemployment Issues

    Absolutely, there are going to be a number of additional issues every applicant should be concerned with. However, they are going to be case by case. After all, each claim is different because each claim started with a different employer and boss.

    Nonetheless, I recommend to each applicant considering benefits to know how or why they are eligible for benefits before filling out their application for benefits.

    Next, every worker or applicant should read Minnesota statute 268.095 and ask themselves how it applies to their own situation.

    Then, I believe every applicant trying to help themselves with Minnesota unemployment eligibility should determine whether there is more than one way for them to become eligible for benefits.

  • Look Into These Eyes Before You Repay Unemployment

    Look Into These Eyes Before You Repay Unemployment

    Nobody wants to repay unemployment.  When Minnesota’s unemployment office claims money needs to be repaid or returned, they call it an “unemployment overpayment”.

    I believe every applicant trying to collect unemployment in Minnesota should appeal when accused of an overpayment versus concede.

    Here is an introduction to my approach to an unemployment repayment:

    Identify the deadline to repay unemployment

    In my experience, a lot of people do not know they can appeal an overpayment.  Everybody I meet with is encouraged to find a deadline.  The deadline I ask people to find is not the deadline to return or repay benefits.

    Instead, I encourage applicants to find the date they can appeal their case.  Generally, the deadline to appeal an overpayment can be found in two locations:

    • Online and within an Applicant’s benefit account, or
    • Somewhere within the letter describing the problem.

    Related documents to repay unemployment

    Generally, letters looking like a pay stub or invoice are not helpful.  These types of letters are designed to encourage applicants to repay unemployment.

    In my experience, they do not support or help applicants appeal the unemployment overpayment.  In fact, a lot of people incorrectly interpret their invoice or repayment voucher as a forgone conclusion they no longer have appeal rights.

    For this reason, finding the deadline specific to an unemployment overpayment is a significant step.

    Good reasons to appeal unemployment

    Yes, there are many reasons to appeal an unemployment overpayment.  They include but are not limited to the following:

    • Identifying a legal reason to qualify for unemployment,
    • Notice of an appeal deadline was never received,
    • Due process failed,
    • There was an error of law,
    • The evidence does not support an overpayment, and or
    • A decision was arbitrarily decided

    Stop or cancel an overpayment

    Yes, Minnesota has rules that support cancelling an unemployment overpayment.

    Because the goal should always be reducing an overpayment to zero dollars ($0), I believe the process to repay unemployment should always begin with the appeal process.

    If a person does not have appeal rights, then Minnesota statute 268.18 can have a positive impact on a family’s well-being.

    Repay unemployment or negotiate?

    Unfortunately, the opportunity to negotiate a repayment plan is a lot harder than it should be.  No, applicants owing money to the unemployment office in Minnesota are not “negotiating a settlement” and the process is not the same as the IRS debt settlement commercials you hear on the radio.

    Instead, the process to repay unemployment benefits should be viewed as a way to reduce monthly payments while using cancellation rules to one’s advantage.

    Repay unemployment help

    If you believe the process described above or you need help accessing your situation, please contact me for more information.