Author: Jasper Berg, J.D.

  • Loosing Sleep Over Untimely Evidence

    Loosing Sleep Over Untimely Evidence

    Untimely evidence is a term used by unemployment judges to suggest.

    Basically, a claim stating you failed at submitting evidence on time means you cannot use it going forward.

    In my experience, every applicant trying to collect unemployment benefits can defend against untimely evidence by understanding these rules:

    • Exhibits
    • Witnesses
    • Continuances, and
    • Subpoenas

    Exhibits or untimely evidence in an appeal hearing?

    When a person or business submits evidence correctly and before the time limit, they usually receive a copy in the mail with an exhibit number.  In Minnesota, the exhibit number for an unemployment appeal will include a “watermark” in the lower right-hand corner of each piece of paper or document.

    If a person did not receive a copy in the mail or their online account fails to mention their evidence, very likely the document submitted to support your unemployment claim never made it to the right person.

    As of the date of this article, the unemployment rule identified HERE suggests documents or exhibits must be submitted to the unemployment law judge within five (5) calendar days.

    Very likely, failing to submit evidence before the time identified in rule 3310.2911 will result in untimely evidence.

    Untimely evidence for your witnesses

    Any person trying to acquire a written statement from a potential witness will likely be impacted by the rules referenced above.

    Luckily, an applicant trying to prove their claim for unemployment in Minnesota can combat a tardy witness or their unwillingness to help by seeking a subpoena.

    On the other hand, failing to make this request as the rules support or allowing the unemployment office to affirm the witness is not needed might be detrimental to your case.  Thus, this issue requires extreme caution.

    Acquiring a continuance for untimely evidence

    Absolutely, a person confronting an untimely evidence issue for an unemployment hearing in Minnesota can seek or ask for a continuance.  A continuance means the case is delayed.

    Yes, every person making this request needs to acknowledge it is only a request.  In other words, the request can be denied.

    Those seeking an unemployment appeal need to be prepared for having a continuance denied.

    Untimely evidence is a big deal

    Look, the rules for an unemployment hearing are strict.  Yes, an unemployment law judge can deny untimely evidence if the evidence is not properly received.

    Properly received evidence is outlined by Minnesota unemployment rule 3310.2922.  Applicants believing the exclusion of evidence might impact their case should urgently seek help or become immediately familiar with the rules.

    Need help with untimely evidence

    Please contact me if you need help acquiring evidence, submitting evidence, proving evidence and working around untimely evidence issues.

  • You Will Never Look at End of Life the Same Way Again [video]

    You Will Never Look at End of Life the Same Way Again [video]

    Working with people and families to draft and manage an end of life estate plan can be scary.  My job is to make it less scary.

    Mainly, this is easier when people and families set aside time to think through their options when they have time versus compelled to make a life decision when they have less than minutes.

    In my experience, having a discussion of this nature with friends, family and clients can sometimes be the first time a person sets aside time.

    End of Life Video

    In my opinion, none of us have enough time.

    To help you outline a game plan, please consider this end of life videos as an introduction to your process,  your plan and the time you need to before putting pen to paper:

  • How to Make PCA Unemployment Benefits Easier for Yourself

    How to Make PCA Unemployment Benefits Easier for Yourself

    PCA unemployment or unemployment for a Personal Care Assistant is getting more and more difficult.  Here are three tips:

    • Make sure you know when your job ends;
    • Document your conversations with a TPA;
    • Always document your job search process.  

    I believe every PCA is trying to do the right thing by serving a person in need.  Often this can include a family member.

    If you are a PCA and trying to seek unemployment, here are a few steps specific to the process of gaining unemployment.

    Bad news for PCA Unemployment

    One of the worst days for any PCA is the day their client passes.  This day can be even more detrimental when it is a loved one.  Unfortunately, the unemployment office is very unforgiving.

    PCA Unemployment tip #1:  Make sure you know when your job ends.  

    No, a job does not end when the person you are caring for is dead.  Yes, it is easy to assume why this might be true.  On the other hand, I prefer the process of seeking clarification from the benefit provider or TPA (Third Party Administrator).

    Good news for PCA Unemployment

    It is always good news when a PCA is communicating with family and the TPA.

    PCA Unemployment tip #2:  Document your conversations with a TPA or agency

    Just like you would never leave a pot of boiling water on the stove while you cared for a person in need, never end or leave the PCA relationship without talking or communicating with the TPA.

    In other words, it can never hurt to seek clarification from the organization, agency or party in charge of paying for your PCA wages.  If you do not know who to contact or the person you believe is your point person is the same person you cared for, very likely this would be a good opportunity to begin the process of protecting your best interests too.

    Again, protect yourself by documenting your conversation so you can utilize notes if needed.

    PCA Unemployment and your job search

    The process of a job search is a common element for PCA unemployment seekers.  For one, Minnesota law requires unemployed applicants to seek work.  This is outlined under rule 268.085.

    PCA Unemployment tip #3:  Always document your job search process.  

    Workers who identify themselves as a personal care assistant, where to look for work is generally a non issue.  On the other hand, a person who left a non-traditional role (any job other than a PCA) will likely find the rules governing the availability of suitable work troublesome.

    In my experience, it is rare to find past or present personal care assistant who does not have conflicts with defining their job search process while trying to seek or become eligible for unemployment benefits in Minnesota.

    Thus, this element of the PCA unemployment process is critical.

    Need help?

    In my experience, every PCA has a different experience while trying to seek or collect unemployment.  Please contact me if you need help.

  • Eligible for Unemployment Until I Failed their Test

    Eligible for Unemployment Until I Failed their Test

    Passing your eligible for unemployment test is hard because people filling out applications do not understand the questions.  In my humble opinion, every worker should be eligible for unemployment if they can pass this first test:

    • I had a job,
    • My job ended,
    • I am unemployed, and
    • I am looking for a job day and night.

    Eligible for Unemployment in Minnesota

    Yes, Minnesota has a very specific set of conditions or tests that are used to weed out applicants.  In fact, the actual law is called “eligibility conditions” and you can find it here.

    Here is what the unemployment office in Minnesota looks for:

    1. Did the person file an application,
    2. The person is unemployed according to rule 268.035,
    3. The worker has received wages in the past year,
    4. The worker is seeking “suitable employment”, and
    5. When asked, the worker is attending classes at Minnesota’s workforce center.

    I do not know if I am unemployed

    Yes, there are many people who do not know if they are unemployed and fail this part of the test.  Generally, a person does not know if they are unemployed if:

    Eligible for unemployment by seeking suitable employment

    Yes, another condition or test a worker needs to satisfy to become eligible for unemployment is the process of seeking suitable employment.

    Unfortunately, what is suitable employment and what is not suitable employment is equally challenging.  Generally, most workers can pinpoint the type of work they have done in past.  Looking for suitable employment usually means looking for a job similar to your career history.

    Eligible for unemployment by being available for a job

    Yes, the requirement of being available also prevents applicants from becoming eligible for unemployment.

    Minnesota says a worker is available for a job if they are “ready, willing and able”.  In other words, you can work by saying “yes, I will be there”.  Again, a worker can fail this piece of the test if they are:

    • Injured,
    • On vacation,
    • Doing silly things to avoid their phone, e-mail or mail.

    Eligible for unemployment and the workforce center

    Unfortunately, there is not a specific standard who gets selected or required to seek assistance through Minnesota’s workforce center.  Whether you are a high profile executive or struggling to make ends meet, I have seen fantastic results with Clients who go out of their way seek help.  But, there is bad news too.

    First, workers can get have their unemployment denied in Minnesota if they are forced to take classes and fail to attend.

    Second, workers who tell their “story” or inquire about eligibility issues with staff members of the workforce center can get themselves into trouble too.

    Help becoming or remaining eligible for unemployment

    In my opinion, the issue above is way to significant to take lightly.  If you need help or have questions, please contact me.

  • What If My Employer Says I Quit My Job?

    What If My Employer Says I Quit My Job?

    Can you say “I quit my job” or is a former employer trying to convince you your actions were viewed as quitting?  Over the past month, many Applicants have contacted me to discuss whether or not they quit.

    I believe workers sometimes do know one way or the other because the words or emotions expressed with their employer were confusing or misinterpreted.

    If you are confused whether you are supposed to say I quit my job or I was fired, this is how I would approach this problem.

    Did I quit my job?

    Whether your job ended yesterday or ten years ago, I encourage all applicants to type or write down what they remembered.  Yes, be very specific and include details like:

    • What time of day,
    • Was it before or after a specific point in your day (break, lunch, meeting, etc.),
    • Were did the communications take place (conference room, lobby, phone, etc.)
    • What are the names of the people who participated in the communications,
    • Are there e-mails, notes, faxes or other pieces of paper that can help you describe the situation,
    • *What specific phrases do you recall being stated, and
    • *What happened AFTER you believed your job ended?

    I still do not know if I quit my job?

    No worries.  The step of taking notes of the situation is merely a reference for you down the road.  Unfortunately, an appeal for unemployment can take many months.  For this reasons, it is important to have a point of reference.

    I never quit my job

    It is never easy using the evidence standard in an unemployment case to prove “I never quit my job”.  Some employees like to engage a witness for help reduce the risk of an employer lying under oath.

    If this is not possible, then consider these tips:

    • Can you show a reason why your job might have ended (performance, business slowed down, etc.),
    • Can you find examples why you would never quit your job (health insurance, rent, length of employment),
    • Did you submit a written note or a formal resignation, or
    • Did your boss place an unreasonable amount of stress on you when the job ended?

    What if you cannot remember?

    Again, the issue is not whether you remember.  Instead, the goal is to use facts that support your application and claim for unemployment benefits.

    Yes, every situation is different.  For some, the rules for unemployment eligibility favor workers who can state their employer ended the job.  The rule that generally applies to a worker who quit their job can use Minnesota law 268.095 for guidance.

    I still do not know if I quit my job

    In my experience, the real decision maker is the Applicant and how they interpreted the events.  How an employee becomes successful proving their eligibility for unemployment is using a specific story line that aligns with rule 268.095.

    Please contact me if you need help preparing for a successful case.

  • Unemployment Case: White v. University of Minnesota

    Unemployment Case: White v. University of Minnesota

    A recent unemployment case in Minnesota called White v. University of Minnesota discusses employment misconduct and a duty of an unemployment law judge.

  • What If One Person Cared About Minnesota Unemployment?

    What If One Person Cared About Minnesota Unemployment?

    I take Minnesota Unemployment benefits and rules very seriously.  I believe every worker seeking unemployment generally feels anxiety, stress and sometimes confusion.

    If you need help figuring out what to do, what to say, correcting an error or combating a lie, please consider contacting me or reviewing more postings on my unemployment blog.

    Minnesota Unemployment – 1st Step

    Every unemployment claim starts with an application.  Please, for the sake of your long-term goals, review and learn what questions in the application might be important to your case.

    Minnesota Unemployment – 2nd Step

    The second step for every person seeking unemployment should be the process of reviewing and understanding rule 268.095.  Yes, this rule outlines the reasons a person can receive unemployment.

    More importantly, statute 268.095 outlines the reasons why a person is not eligible.

    Where does Minnesota Unemployment come from?

    Where an applicant’s unemployment benefits come from is really not important.  Instead, ask a better question – who cares if you get or do not get unemployment?

    Your employer (former, current and future) all care about unemployment benefits because it impacts their taxes.  If you, the applicant, receives Minnesota unemployment benefits, their tax rate increases.

    Additionally, our unemployment office, the Department of Employment and Economic Development or “DEED” care even more because they are having money problems.  Don’t believe me?  This website confirms Minnesota has incorrectly paid out $35 million in benefits.

    In my opinion, because neither your employer or DEED want issues down the road, they will deny or appeal claims for benefits.

    Are you eligible for Minnesota Unemployment?

    Generally, Minnesota Unemployment is granted to Applicants if they are terminated for reasons other than employment misconduct.  Also, an Applicant can be eligible for unemployment if they quit their job and the law supports their decision to quit.

    Need help?

    If you need help with unemployment benefits for Minnesota, please watch this short clip and contact me for more information.

  • 4 Reasons For Formal Probate And Easy Tips

    4 Reasons For Formal Probate And Easy Tips

    Reasons for formal probate in Minnesota are different for each family.  In my opinion, there are four (4) main reasons a family may want to seek a formal probate process:

    1. Children,
    2. Problems with a will,
    3. Real estate, and
    4. No money.

    I recognize these issues are complicated and stressful.  If you need help weighing these reasons, please contact me for help.

    Reasons for formal probate – children

    Putting a child’s best interest first is always number one.  Period.  Luckily, our court system believes this too.

    Yes, the number one reason a family should seek the formal probate process is because the person who died had children under the age of 18.  In my opinion, this is true regardless whether a person had a will.

    Because probate courts in Minnesota frown on giving children assets outright and our Department of Human Services sometimes get involved, heirs or guardians of minors are appointed responsibilities that will have great significance on a child’s well being going forward.  Thus, children are the number one reason for a family to seek the formal probate process.

    Reasons for formal probate – will problems

    A second reason a family likely should petition a court for a formal probate in Minnesota is because the will has problems like:

    Reasons for formal probate – real estate

    More reasons for formal probate include real estate problems like a home needing to be sold.  Generally, this issue does not come up with couples where one spouse is still alive.

    Other times, the necessity to seek a process to maintain a home (heating, general maintenance, etc.) to assure our cold weather does have a negative impact on the home or residence is a good reason to utilize the formal probate process.

    Reasons for formal probate – no money

    Yes, an estate that has no money or is insolvent is a reason for a personal representative to petition a court or venue in Minnesota for a formal probate.

    But wait, the person who died has no money?  Even a person who has no money – generally has money of some amount.  For this reason, Minnesota ranks or prioritizes  creditors.

    The first type of creditor with an interest in an estate with no money is a funeral home.  The second priority are those rendering professional services.  The third most important creditor is the IRS.

    Help weighing reasons for formal probate

    I recognize these issues are complicated and stressful.  If you need help weighing these reasons, please contact me for help.

  • Here is the Best Eulogy for a Spouse or a Loved One

    Here is the Best Eulogy for a Spouse or a Loved One

    Using your next 4 minutes to watch this eulogy for a spouse can be very powerful.

    I am praying for you and your family.

  • Do You Want a Funeral Honor Guard at Your Funeral?

    Do You Want a Funeral Honor Guard at Your Funeral?

    Yes, asking for an Honor Guard to participate at your loved one’s funeral is a wonderful homage to your family with military ties.

    This is the paperwork a Veteran will need in Minnesota and this is what a Funeral Honor Guard looks like:


    https://www.youtube.com/embed/OBfKH1gbQfs

  • Unemployment Questions and my Favorite Answers

    Unemployment Questions and my Favorite Answers

    Getting ready for unemployment questions for your hearing is an important step in winning an appeal.  And yes, the answers you identified in your application are extremely important.

    But, if a person does not know the answers to these three (3) unemployment questions, they will likely fail.

    1. What were your job responsibilities,
    2. Describe your last day of work.

    If you need help working through questions that might impact your case, please contact me for help.

    Unemployment Questions – job responsibilities

    The easiest way an unemployment law judge can determine if a person is credible or not is how they respond to unemployment questions.  Thus, getting the easiest questions “right” is really important.

    In my opinion, nobody, including a judge and former employers, knows their job better than the person who did it on a regular basis.   As an introduction to nearly every unemployment hearing, the unemployment law judge will ask applicants what they did for work and what their job responsibilities were.

    Now, this question is really easy when talking with friends and family.  For whatever reasons, being under oath and responding to a Judge’s questions for the first time is intimidating.  To reduce stress and anxiety, I encourage people to make a list of their job responsibilities before the hearing starts.

    Unemployment Questions – why your job ended

    The next question that usually trips people up is telling a judge why their job ended.  First, a person has to know whether they quit their job or they were fired for something Minnesota unemployment law defines as “employment misconduct“.

    Second, being able to connect a job ending to unemployment rule 268.095 is going to give applicants a significant advantage.

    Unemployment Questions – last day of work

    There is no better way for an unemployment law judge to hear details about a person’s job than reviewing their last day of work.  For this reason, applicants seeking unemployment benefits need to know the details of their last day of work as if it happened yesterday.

    Also, I believe knowing details about the last day of work will help an applicant prevent a lie from gaining traction.

    Help with Unemployment Questions

    If you need help working through questions that might impact your case, please contact me for help.

  • The 9 Hardest Formal Probate Steps

    The 9 Hardest Formal Probate Steps

    There are nine (9) formal probate steps in Minnesota.  Because everybody asks:  yes, there is a difference between an unsupervised versus a supervised formal process in MN.

    Also, selecting the right probate process is even more important if the person who died had no money.

    Formal Probate Steps

    If you are a personal representative and you need help creating forms or complying with the steps outlined below, please contact this law office for help.

    First 4 formal probate steps

    Both an unsupervised and supervised formal probate starts the same.  The first five (5) steps are:

    1. Filing a petition with the right court or venue,
    2. Notice for a hearing given to every interested person and entity,
    3. An actual formal hearing takes place, and
    4. The probate court or venue issues an order.

    Next 5 formal probate steps: Unsupervised

    The next five (5) steps for an unsupervised process are:

    1. Asset collection,
    2. Inventory preparation,
    3. Settling claims with creditors,
    4. Tax returns, and
    5. Estate distribution.Formal Probate

    Next 5 formal probate steps: Supervised

    The next five (5) steps for an supervised process are:

    1. Asset collection,
    2. Inventory preparation,
    3. Settling claims with creditors,
    4. Tax returns, and
    5. Seeking a court order.

    What is the difference?

    One of the biggest difference between a formal and an informal probate process is being forced to seek and ask for a Court’s approval.  In other words, acquiring a court order.

    Yes, reducing liability owed to a creditor, taking the right steps to account for the assets of another person and distributing their assets accordingly to the rules of their will or a court is a responsibility imposed by law.

    If you have time, consider reviewing these rules and laws to help your decision making process.

    Need more help?

    Whether you are a beneficiary or want to be a personal representative of an estate, please contact this law office for help.

  • The Worst Witness Selection Ever Made

    The Worst Witness Selection Ever Made

    Witness Selection for an upcoming unemployment hearing is a significant process.  For one, you need them to show up.  Second, you need them to tell the truth.  Third and most importantly, you need them to help your case.

    If you need help with witness selection, please contact this law office for help.

    Witness selection is important

    In my opinion, the number one reason why witness selection is important is because failing to seek or use a witness at during your hearing will likely be very difficult later on.

    Make your witness show up

    Yes, you can make your witness show up by seeking a subpoena.

    Telling the truth

    Yes, there is recourse or remedy when your employer’s witness selection turns into a lie.  The most significant legal rule to support telling the truth are rules compelling an oath.

    This law office prefers to engage a witness beforehand, ask them questions on their recollection of events and sometimes encourage applicants to seek an affidavit from their witness.

    Will a witness help your case?

    Look, it is better to have as many witnesses as you can to support your claim for unemployment benefits.  Most applicants seeking unemployment benefits are trying to prove a case under rule 268.095.  Yes, this rule can get murky and sometimes even ugly.  There is nothing wrong with preparing to much.

    What should you ask your witness?

    Again, always talk with your witness before your hearing.  This is true because you want to make sure they saw or interpreted your situation like you.

    If you do not know or it is unclear whether your witness selection will be hostile, likely a person should second guess their value.

    Help with witness selection?

    If you need help selecting a witness or seeking, preparing a witness or acquiring a subpoena, please contact this law office for help.

  • For Military Families Needing A Funeral Honor Guard in Minnesota

    For Military Families Needing A Funeral Honor Guard in Minnesota

    A funeral honor guard can be very tricky for families who are not familiar with this process.

    Because I am confident my own spouse would be lost if required to make funeral arrangements that encompassed my VA benefits too, I developed a short outline to help other military families in Edina and the surrounding area.

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    Forms for a Funeral Honor Guard?

    If your loved one never mentioned this, you heard it here first.  The VA requires a form for everything.  Here is what you will need to make sure a funeral guard and other funeral arrangements are affirmed for you and your family:

    • Application for burial benefits: VA Form 21P-530
    • Request specific funeral arrangements: VA Form 10-2065 
    • Application for a US Flag to be used at the funeral service: VA Form 27-2008
    • Headstone for a a Military Cemetery: VA Form 40-1330
    • Headstone for a Private Cemetery: VA Form 40-1330M

    What does a Funeral Honor Guard do?

    Members of the military assigned to an Honor Guard refer to a funeral assignment as a “detail”. The easiest way to help yourself understand what a Funeral Honor Guard will do is by watching a short film here.

    Funeral Honor Guard

    Generally, upon requesting an honor guard for a Veteran, the honor guard will (1) carry the casket or urn from its location to the burial spot, (2) present a folded US Flag, (3) provide a gun salute, (4) present bullet shells, and (5) play a closing musical honor.

    How many people are part of the Honor Guard?

    At a minimum, the honor guard for a funeral will have at least 2 people.  Larger honor guards can be much larger ranging from 4-8 people.  Right or wrong, military status impacts this element of the process.

    It is important to note that  at least one of the persons in the honor guard will be from the same military branch as your loved one.  Some families do not see why this is significant.  Really though – it matters.

    Should you bother seeking an Honor Guard?

    As an attorney and Veteran, I hear a lot of families inquire whether it is even worth the hassle.  No, it isn’t a hassle.  Yes, it is well worth the time and effort.

    I always encourage families to seek an honor guard for the funeral.  For one, your loved one earned it by serving our country.  Second, it is generally no cost.  Third, it is a privilege that usually exceeds everybody’s expectations.

    Thus, go the extra mile and seek a Funeral Honor Guard.

    Rules Granting an Honor Guard

    There are two rules that apply to a funeral honor guard in Minnesota.  First, Minnesota statute 197.23 affirms the VA will pay for an honor guard.

    Second, something called Public Law 106-65 is the federal rule that grants your Veteran and certain dependents an opportunity for a funeral honor guard in Minnesota.

    Who manages the Funeral Honor Guard in Minnesota?

    If you are seeking a funeral honor guard in Minnesota, the Department of Defense manages this process.  That said, the person or entity you should contact first is the funeral home.

    However, the Department of Veterans Affairs (VA) National Cemetery Administration cemetery staff can also assist with arranging military funeral honors.

    Likely, planning a funeral for your loved one is stressful enough.  Thus, make it easy on you and your family by delegating specifics to the funeral home.

    Do you need help?

    If you or your family need help or assistance with benefits and rights your loved one earned while serving in the Military, please contact this law office for help.

  • Unemployment Help Means This…

    Unemployment Help Means This…

    Unemployment help means something different to everybody.

    Unemployment Help

    Your situation is different from your co-worker, friend and family member.  Here is what unemployment help means:   

    (1)  Help filling out an application,

    (2)  One-on-one consultations,

    (3)  Phone hearing,

    (4) Filing an Appeal,

    (5)  Gathering evidence, seeking subpoenas, confronting the other party, etc.,

    (6)  Filing a Request for Reconsideration,

    (7)  Representation during an Unemployment Audit,

    (8)  Help with a Garnishment,

    (9)  Negotiating a re-payment plan specific to an overpayment,

    (10)  Reduce unemployment taxes and penalties,

    (11)  An appeal to the Minnesota Court of Appeals,

    (12)  An appeal to the Minnesota Supreme Court,

    (13)  Other services specific to your situation.

    Need more unemployment help

    Please contact me if you need help.

  • Why TAA and Unemployment in Minnesota is a Mess

    Why TAA and Unemployment in Minnesota is a Mess

    TAA and Unemployment in Minnesota is confusing.  This program becomes especially confusing when your benefits are taken away or denied.

    If you need help with a TRA or TAA Appeal, please contact this law office.

    What are TAA benefits?

    The Trade Adjustment Assistance Program, or TAA is a federal program to help workers who lost their job to a worker overseas.

    Generally, TAA benefits means the Federal Department of Labor authorized financial support for you to seek job training, income while you look for a new job, help with your job search, and benefits for you to relocate your place of residence.

    How much are TAA benefits worth?

    As you know, TAA benefits can be worth hundreds of thousands (the cost of a degree).  TRA benefits can equal more than $65,000 (103 weeks x $640 dollars per week).

    Thus, the financial value of TAA benefits can be quite significant.

    Legal cases for TAA and Unemployment in Minnesota

    In Minnesota, there have been about 20 public cases specific to TAA and unemployment.  Public cases are those reviewed by the Minnesota Court of Appeals.

    Unfortunately, problems arise because workers, employers, and local government agencies do not see these types of requests on a regular basis.

    Do you need a lawyer for TAA and Unemployment in Minnesota?

    No, but it certainly helps.  If nothing else, meeting with an attorney for a consultation can prepare you for better days.

    Minnesota Unemployment Laws

    In my opinion, the people managing TAA benefits do not understand this process because it rarely appears.

    Are TAA benefits the same as Unemployment benefits?

    No, TAA and unemployment in Minnesota are not the same.

    However, in certain situations the unemployment office in Minnesota can review whether or not you are eligible for TAA benefits. Also, TAA benefits are not the same because they require a separate application or petition.

    In other words, applying for unemployment does not imply you are either eligible or requesting TAA too.

    How do you get TAA benefits?

    In most cases, a worker finds out they might be eligible for TAA benefits after attending a meeting a their work or Plant.

    Other times, a worker or a group of workers apply or file a petition with the United States Department of Labor.

    Assuming the application or petition is approved and you live or work in Minnesota, TAA benefits are managed and facilitated by DEED.

    MN Unemployment Appeal

    The unemployment office in Minnesota denied my TAA benefits

    Yes, the unemployment office in Minnesota may have denied your claim for TAA benefits, but you certainly have rights which will require you to appeal. The appeal process for unemployment benefits in Minnesota follows a strict process.

    If the unemployment office denied your request, you must take the necessary steps to educate the unemployment law judge of your claim for TAA.  This may include making referencing Federal law and or Minnesota law.

    Also, your approved petition for Trade Adjustment Assistance will certainly be a necessity in this process. Provided you follow strict adherence to timelines, you have rights if Minnesota’s unemployment office denied your request for unemployment benefits and or TAA benefits.

    File an appeal for Trade Adjustment Assistance

    If you are considering an appeal for TAA benefits, assess whether you are filing a petition for benefits, appealing the petition, or appealing the administration of your benefit.

    The administration of TAA benefits are managed by the unemployment office, which is a state agency.

    A petition and an appeal to the petition is controlled by the Office of Trade Adjustment, which is a federal agency.

    Do you need help appealing TAA benefits?

    Please contact this law office if you need help with TAA and unemployment benefits in Minnesota.

  • 3 Steps to Fund Revocable Trust in Minnesota

    3 Steps to Fund Revocable Trust in Minnesota

    The term fund revocable trust can be scary for some and annoying for others.  Unfortunately, funding laws in Minnesota keep changing.

    In Minnesota, the process to transfer your assets into a revocable living trust depends on the asset. In general though, this can be outlined in a few straightforward steps.

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    Fund Revocable Trust: Step 1

    The first step to fund revocable trust is to make a list of your tangible assets versus intangible assets.

    This law office recommends making a list of your stuff using the following categories:

    • Bank Accounts
    • Savings Accounts
    • List of Firearms you own
    • Retirement Accounts
    • Real Estate
    • Motor Vehicles
    • Your Prized Possessions
    • Business Ownership
    • Debts
    • Stock Options
    • Intangible Assets

    Of course, some categories may or may not apply to you and your situation.  

    None the less, your process to fund revocable trust will be smoother if you take time to think through the property you own or have rights to.

    Fund Revocable Trust: Step 2

    The next step a person in Minnesota should consider when trying to fund revocable trust is to acquire copies of the following documents:

    • Your “Certificate of Trust”
    • Divorce records
    • Life Insurance Policies
    • Statements for your Retirement Accounts (IRA’s, 401(k), 403(b), etc.)
    • Title(s) for your automobiles
    • Copies of Deed for any property you own
    • Bank Statements (checking, savings, etc.)
    • Military Records (DD 214, Notice of Discharge, Disabilities)
    • Social Security Statements
    • Articles of Incorporation attached to any business you ave ownership in
    • Records attached to your firearms
    • Other documents you believe are significant.

    Whether you like the idea of thinking through this like a cardboard box or otherwise, this is important to beneficiaries.

    In other words, a critical step for any person having a trust is to “re-title” your assets and property such that they match the title and wishes expressed within your trust.

    Fund Revocable Trust: Step 3

    The third and final step for a person in Minnesota looking to fund a revocable trust is to determine who will complete the funding process.

    Some seek out professional advisement to avoid pitfalls, while others prefer other methods.

  • For Minnesota Folks Who Care About Federal Estate Taxes

    For Minnesota Folks Who Care About Federal Estate Taxes

    Reviewing Federal Estate taxes in Minnesota is fun to explore.  OK, perhaps this topic can be daunting.  Death and taxes, right?

    The intent of this article is to identify categories of Federal estate taxes many Minnesotans need help with when trying to create or manage an estate plan.

    If you become lost or confused, lets not forget the significance of the self-hep section of the IRS website.  Also, seek advice from your Certified Public Accountant or CPA.  If you do not have a CPA, consider looking HERE.

    Federal Estate Taxes and Gift Taxes

    The first significant category of Federal Estate taxes in Minnesota are gift taxes.  Gift taxes and generation skipping transfer taxes (GST) go hand in hand.

    For the purpose of this section, gift taxes and GST are being reviewed before a person dies.

    The annual gift tax exclusion amount in the year 2014, 2015, and 2016 is $14,000.

    Yes, the IRS imposes a gift tax for each calendar year on the transfer of property by gift from any person to another person or trust.  These types of taxes are reported on an IRS form called Form 709.  Instructions for this form can be found HERE.

    3 Gifts that are not Taxed

    Right now, the gift tax rate is based on the year in which the gift is transferred.  Luckily, we still have three types of gifts which are generally excluded from our taxable income:  

    • Gifts to political organizations,
    • Gifts of tuition made to a qualifying educational institution on behalf of an individual are not taxable, as long as the payment is made directly to the educational institution,
    • And, medical expenses on behalf of an individual when paid directly to the individual or to the medical institution that provided care.

    Federal Estate Taxes and Death Taxes

    The second most significant category of Federal Estate taxes in Minnesota are death taxes.  For the purpose of this section, death taxes occur after a person dies.

    The person most likely stuck or required to manage this element of your estate plan is your Personal Representative.  In case your personal rep does not know, death or estate taxes after a person dies are reported to the IRS using a form called Form 706.

    At the date of this article, the basic exclusion amount is $5,430,000.  Spouses wishing to take advantage of significant tax benefits should consider seeking advisement.  

    Estate Planning and Federal Estate Taxes

    If you need help with your estate planning and are concerned with Federal Estate Taxes, contact this law office for help.