When a person says they want to leave everything “to my estate” [their estate], they are often surprised to find out that this is a broken plan.
I know folks do not read my posts to get the third degree. But, this is serious stuff.
Instead, I encourage my Clients to pick specific beneficiaries, use a will and identify a quarterback to administer an estate.
If you are wondering about the quarterback process for an estate plan, please take one of my upcoming classes. The alternative is this: telling the whole world that we don’t care and we want our remaining savings spent on creditors and probate costs.
Even if you you only have $100, wow…how nice would it be to pass that money onto a grandchild versus Comcast.
To My Estate is Not a Beneficiary
The reason “to my estate” is not a beneficiary is because it doesn’t identify specific heirs or decedents.
The idea behind picking a beneficiary is to offer precision so our Court System isn’t required to guess or use laws that contradict our intentions.
The idea of protecting against dead beneficiaries is the process of dying testate (the opposite of dying intestate).
My Will Versus My Estate
Beneficiary forms and wills do a great job of helping loved ones administer our stuff. Whether folks use the per stirpes method or a different process, doing so can really take the pressure off of a probate court and loved ones.
What Does To My Estate Feel Like?
Again, I don’t mean to be critical, but I think this post calls for it. Stating “to my estate” is lazy. In my experience, people telling their bankers and financial advisors they want to leave their account in a hodgepodge mess is literally being one step away from doing something wonderful for our loved ones.
Applicants that speak and read a different language should always ask the unemployment office in Minnesota for a translator.
Whether applicants are asking simple questions by phone, appealing benefits or filling out questionnaires, the same rule applies. Ask for a translator.
Different Language is Obscure?
Different dialects? Different tribes or regions? Be specific. I believe people should make the unemployment office adapt to their specific language or needs versus an applicant adapting to DEED’s availability.
Translator Requests
In my experience, requesting a translator or translation should always be in writing because Applicants need to generate a paper trail. A paper trail showing a need or request for help is a great way to show support for due process.
Translator gets Denied
Generally, translating services through Minnesota’s unemployment office are free.
On the other hand, asking a second person (like a family member or through a paid service) is an excellent strategy when applicants are unsure of the translator hired by the court.
Yes, many military families are asked to appeal a service connected death. At first, receiving a letter from the VA like this can be detrimental.
On the other hand, setting aside our emotion is critical and sometimes families need help.
Does a Service Connected Death Matter?
Absolutely. This issue isn’t even debatable.
The Department of Veterans Affairs is wrong, and you know it. The number one reason cause of a service connected death should be appealed is because it impacts benefits for spouses, children and dependents. In other words, compensation for dependents and family members.
Had the service member died as a civilian, they might have wrongful death rights or other tort system rights. The military doesn’t use this same process. As a result, appealing the VA for a service connected death is important in the short-run and long run.
Why is this happening to my Family?
The letter produced by the VA should not be viewed “gave over”. In my experience, government agencies deny benefits for one reason: so the Veterans Affairs Department doesn’t process an invalid claim.
it is easier for the VA to make families jump through hoops than trying to recoup an overpayment. In Q1 of 2017, the VA claims they overpaid nearly $1.6 million in benefits.
Luckily, military families who act fast can appeal the VA’s denial.
How to Appeal a Service Connected Death Matter
Unfortunately, there isn’t one right answer on how to appeal a service connected death matter. This is true because cases can be heard by:
Generally, military and VA benefits are appealed by filing a Notice of Disagreement (NOD). I believe the evidence gathering process is just as important as a NOD because facts and laws should support a NOD.
For example, does a family have a copy of DD Form 1300 outlining the casualty repot? And, what factual discrepancies can be identified or what facts should have been included in the report?
Here are other documents that might be helpful during this process:
Marriage Certificates
Birth Certificates
DD 214
Medical Records
Base Newspapers
Dental Records
Letters and e-mail Exchanged by Family Members
Independent Medical Examiner
Mortician Notes
Family Medical History
Witnesses Reports
Again, I know these are difficult issues to address during the grieving process. As a Veteran’s Attorney, I want to help and I wish the entire family the very best.
Every once in a while, somebody will tell me “I lost my will”. The next question I often get is “what should I do”?
Well, I think the answer is obvious. Look in the last place it was placed. Unfortunately, when we cannot remember, others might start to question our sound mind.
As a result, I believe time is of the essence and drafting a new will is a necessity (ASAP).
Lost Will and Its Impact on a New Will
Generally, the impact of a lost will on a new will is negligible when testators add a revocation clause to their new will. In other words, a clause that revokes any and all previously formulated wills.
Assuming the revocation clause is drafted properly, problems can be significantly reduced.
Have you Seen my Lost Will?
With the exception of asking the person who drafted it, asking others about the location of a lost will might create more problems. First, it puts others on alert for diminished capacity. Second, the threat of a lost will doesn’t negate or prevent the formation of a new will.
Thus, I hope you find your lost will. On the other hand, don’t put off the opportunity to enter into a new will, when we still have time!
n Minnesota, teenagers are employees too. As our local youth look for summer jobs, sometimes employers illegally classify younger workers or make false stereotypes.
Believe it or not, teenagers (children) are more protected and have more legal rights than adults.
In fact, Minnesota devoted Chapter 181A to protect children workers. Likewise, there are federal rules that protect teenage workers too.
Teenagers Looking for Summer Jobs
For the teenagers looking for a summer job, I encourage you to consider:
Applying for a job in-person,
Practice interview questions,
Keep calling “them” to see if an opportunity has opened up,
Job openings change on a weekly basis,
Dress semi-casual for your interview,
Put your phone away during the interview,
Consider knowing and applying the Fish Philosophy, and
Land registration is always the first issue when I draft a Transfer on Death Deed (TODD) in Minnesota.
Finding this information is very simple. But, it is still a very significant step.
Land Registration Basics
Lets keep this simple. Every piece of land (home, business, farm, rural, residence, etc.) is different and unique. In theory, every piece of land or parcel is registered within the County it sits.
Luckily, all of us can visit our local County headquarters and acquire information on any piece of property inside the county. In general, I look for written documentation showing the following:
Is a property titled Abstract or Torrens or something else,
Does a property have any attached or recorded liens, and
Acquiring the correct legal description.
In addition to other requirements, the above pieces of information are critical for every TODD.
Why Land Registration Matters
The above information matters because the transfer on death deed conveyance forms in Minnesota require the above information.
Because a death deed is a document that speaks on our behalf when we die, getting this information correct is of critical importance.
Abstract or Torrens in Minnesota
From an estate planning perspective, the advantages of property being titled under the Abstract system versus the Torrens system is moot. Instead, unequivocally knowing which one applies to a person’s property is the primary objective.
As I mentioned above, we can find out very easily by:
Contacting the Recorder’s Office within a specific County, and
Acquiring paper records verifying the land registration system.
For those tempted to look on the internet or ask their neighbors, don’t do it. Information on County websites are consistently wrong. And, it is not uncommon for side by side properties being titled differently too (sorry Richfield).
Land Registration is Always the First Issue
Personally, I believe land registration is always the first issue because it requires work to verify.
In my experience, putting in this work helps find answers to the various other questions necessary to complete a MN transfer on death deed.
Failing to put in the work puts the whole process in jeopardy.
Parental authority forms come in waves. As you and your child celebrate another school year, very likely summer activities and groups will ask you for authorization forms.
Authorization forms from a school or camp protect that specific entity.
What is a Delegation of Parental Authority Form (DOPA)?
Basically, this form helps another adult identified by a parent to care for a child, including:
Taking a child to the doctor,
Dropping them off at school,
Picking-up a child from school.
Who Should Have a Delegation of Parental Authority Form?
Personally, I think everybody who has a child should have a DOPA. But, here are examples of other situations when a parental authority form can be very helpful:
Single parents,
Parents who travel for their job,
Parents fearful of going to jail,
Parents who fear immigration issues, and
Any parent concerned with day-to-day activities.
Minnesota is being ProActive
Likely, none of your friends will know this. But, Minnesota has been very proactive with delegation forms. In fact, we as residents can have the DMV add information to our drivers license.
In other words, if we are involved in an emergency accident, our drivers license can help others identify a temporary guardian for our children.
What I Include on a Minnesota DOPA
When I draft a DOPA on behalf of a parent or family, I like to make sure the following information is easily identified:
School Name and Location
Doctor Contact Information
Food Allergies
Medial Insurance Issues
List of Weekly Activities
Of course, these types of contacts change on a regular basis. But, having a starting point can be critical for the stand-by guardian.
Free Delegation of Parental Authority Forms
Even better, there are free resources available to help parents and families with their Delegation of Parental Authority Form.
Not surprising, I believe these types of forms should be specifically drafted to help a specific family and their concerns. But, it is nice to know that free options exist too.
A Minnesota Gun Trust is a strong move for any person wishing to protect their collection from landing in the wrong hands or subjecting their family to an expensive probate proceeding.
Yes, there are legal issues to consider like trigger points for the government, the age of trustees, and making sure your successor can pass a background check.
Also, a few extra forms to satisfy. But all in all, a worthwhile process to reduce the risk of probate and heartache.
To nobody’s surprise, these same rules apply to you and your list of trustees who handle the guns. Sometimes, the ATF refers to this person as the “Responsible Person”.
The number one issue for every person wishing to create a Minnesota gun trust is identifying a “trustee” that is authorized to take possession of the weapon(s) being transferred.
What type of firearms can you transfer into a Minnesota Gun Trust
As a general rule, if your firearm has a serial number, you can transfer your firearm into a Minnesota Gun Trust.
If the gun does not have a serial number, then I like the idea of preparing as if it had a serial number.
Minnesota Gun Trust for antique guns
Yes, antique guns and unserviceable weapons can be transferred into a Minnesota Gun Trust too.
Forms and documents for a Minnesota Gun Trust
There are many forms and documents needed to transfer a firearm into a Minnesota Gun Trust. Again though, filling out forms is a lot easier versus family members running to a court house to probate hunting weapons.
Here is a short non exclusive list of the forms generally needed to transfer a firearm into a Minnesota Gun Trust:
A formal list identifying all Responsible Persons,
Finger print card (FD-258) for all Responsible Persons [order this form versus printing it], and
ATF Form 5320.23, which is a questionnaire for each Responsible Person (order a form for each Responsible Person).
Who is a Responsible Person?
According to the ATF, a responsible person is any person associated with an entity or an estate or an individual.
For some, this means finding a military veteran in the family. For others, a responsible person is any person who might become a trustee for your Minnesota Gun Trust.
Minnesota Gun Trust Trustee vs Responsible Person
The person in charge of an estate is called a Trustee. A trustee for a Gun Trust is responsible for the firearms.
Yes, while a gun owner is living they are the trustee. On the other hand, a gun owner can identify reasons when or why they want to identify a different person as the trustee of a firearm.
On its face, I know this element seems confusing. As a result, I find consultations are extremely valuable during this process.
What information does the ATF need from the Responsible Person?
Here is what the ATF needs from the Responsible Person:
Full legal name,
Social security number,
Home address,
Address for the last five years,
Country of citizenship,
Place of birth (City and State),
Ethnicity,
Gender, and
Home telephone number.
Taxes to transfer a firearm into a Minnesota Gun Trust
The following types of transfers are tax exempt or less than $5 per transfer:
Your firearm is unserviceable,
Your firearm is being transferred to an heir or operation of law,
Bank records for a “typical” estate plan can be as as simple as gathering statements. But, the bank we use on a daily basis is hardly the problem.
Instead, it’s the checking account opened 20 years ago that people never use, that causes the biggest problems.
Luckily, I think most people can help their families in 3 easy steps.
Bank Records in 3 Easy Steps
I know the following steps are easy. Certainly, I am not trying to insult your intelligence. Unfortunately, very few people take time to straighten their affairs, which was the intent behind this article.
Anyways, here are the 3 easy steps I wish more people would engage:
3. Gather bank statements and place them in a folder housing important documents.
2. Closing Unused Accounts
Identifying a beneficiary for Pay on Death (“POD”)
Gathering Bank Statements
Because so many people are getting bank statements by e-mail, acquiring hard copies of records is very difficult. In the probate process, there are 3 elements beneficiaries and personal representatives need from their deceased loved ones:
Name of bank
Account number, and
Routing number.
As you might suspect, obtaining a password and username to an e-mail account can become more cumbersome than obtaining bank records. This is true because banks generally have phone numbers and people answering their phones. On the other hand, e-mail services do not.
Thus, gather bank statements.
Closing Unused Accounts
Remember the bank account you opened to acquire a car loan? Or, that bank account you opened when you lived in a different city? Well, close them. Right now…call the bank and take the initiative to close the account.
Here is the problem. Family members can spend thousands of dollars on the probate process for an account holding peanuts.
Thus, make life easy on loved ones and close unused bank accounts.
Pay on Death (“POD”)
For smaller estates, I love the efficiency of identifying a beneficiaries and making the account pay on death. Unfortunately, this still isn’t enough because PODs can go wrong. Horribly wrong.
Ideally, I encourage families to fund their revocable trust with any and all bank accounts. If this isn’t feasible, then using bank records to draft a proper POD beneficiary form is highly recommended.
Are you going to die without a will? Does it matter? Will it matter once we check into Heaven?
Likely, the person at the pearly gate will not care whether we have a will. But, our children will.
Failing to plan means your affairs will be left to the government.
I believe every person should reduce guessing and stress by deciding to die with a will.
What happens in Minnesota if we die without a will?
If a person dies without a will, their family is stuck with Minnesota’s probate plan. Minnesota’s plan is called intestacy. This means which Minnesota law will determine who receives all or a portion of the estate. More significantly, Minnesota’s guardian laws will determine who becomes the next parent to our children.
Also, a Creditor can take control of the assets before a loved one…even before our own spouse.
Like you, I am not ready to die. But, just in case I get hit by a bus – there is a plan in place to help loved ones (spouse, children, grandchildren and pets). Thus, the laws that apply will play a significant role.
What laws apply when we die without a will?
In Minnesota, a family trying to manage an estate for a person who died without a will be forced to utilize Minnesota’s uniform probate code. The probate laws and rules determine whether our affairs get decided through an informal or formal process.
First step after a person dies
In every case, the firs step is always the same: what about the spouse and children. When we put a plan in place, the guessing and time commitment can get eliminated or reduced to a minimal process.
Unemployment for farmers and agricultural workers is crazy complicated in Minnesota. Quite frankly, it shouldn’t be so hard. But, it is.
So we are clear, I am not talking about farm owners.
Instead, I am referring to people who help farmers (employees, contractors, side-hands, etc.) and their agricultural process.
Unemployment for Farmers is Hard Stuff
Here is why this question is hard. I didn’t state impossible…I said hard. There is a difference.
Minnesota unemployment laws generally exclude workers from benefits and make the farm worker prove an exception.
employment in “agricultural employment” [is non-covered employment] unless it is “covered agricultural employment” under subdivision 11; or
if employment during one-half or more of any pay period was covered employment, all the employment for the pay period is covered employment; but if during more than one-half of any pay period the employment was noncovered employment, then all of the employment for the pay period is noncovered employment. “Pay period” means a period of not more than a calendar month for which a payment or compensation is ordinarily made to the employee by the employer.“
Looks complicated, right? Right. And in my experience, most farm employees and helpers helpers rarely go into a job thinking about Minnesota rule 268.035.
Laws for Unemployment and Agriculture
The rule every farm worker should review is whether they have a job that is “covered agricultural employment”. Generally, there are two types of farm workers that meet this rule:
The worker was employed by a farm that paid $20,000 in wages during a 3 month window, or
The worker was employed by a farm that hired 4 or more workers during the calendar year.
The best part about the above rule(s) is the fact the 4 or more workers are not required to work at the same time or during the same week.
It is easy to panic about these rules because they are generally unanswerable from the outside looking in. Do not freak out. Many farms meet these rules.
In fact, I think every worker should assume the farm they worked at or with satisfied one of the above elements.
Farmer Workers Who Do Not Understand Unemployment Benefits
Very few workers know the payroll status of the farm that they work at. Instead, most workers are worried about whether they are getting paid and if their paycheck will bounce.
If you have read other posts, you know I dislike the workforce center.
On the other hand, I believe engaging the unemployment office to seek payroll verifications for covered agricultural workers is a necessary step in the unemployment application process.
Unemployment for Farmers
In Minnesota, unemployment for farmers and workers is a big deal because the growing season is short. Assuming staff members are ineligible is a horrible strategy.
Because the unemployment laws for agriculture support benefits and unclear at the sometime, I believe appealing these types of claims is even more significant.
