Author: Jasper Berg, J.D.

  • Can Poor Mouthing Help you Win your Appeal for Benefits?

    Can Poor Mouthing Help you Win your Appeal for Benefits?

    Poor mouthing is the act of telling the judge or jury how poor you are or are going to be if you do not win an appeal for benefits.

    As difficult as your situation might be, poor mouthing is never the first argument made.  Here is why.

    Where did Poor Mouthing Come From?

    In my practice,  hundreds of my Clients have tried to convince me that this was their primary strategy.  Recently, this strategy was  identified as an issue in the Jesse Ventura defamation case.

    Very likely, poor mouthing , goes all the way back to the first moment a tax collector tried to impose their will on the a deprived circumstance.

    Regardless, this strategy has been used before.

    Poor Mouthing on an Appeal

    Nothing crushes me more than hearing people describe their firsthand experiences about stress and anxiety over the need of obtaining their benefits.  Personally, I find relief helping a person understand what will help them win their appeal versus the strategy they are trying to convince me of.

    I know it is painful.  I know garnishments hurt and the situation can feels impossible, which is why I am trying to bring this issue to everybody’s attention.

    Focusing on an economic hardship risks taking the claim or appeal down a path that might require focusing on the legal issues that might help win the case.  Unless a person knows the issue(s) and the applicable rules, they are destined for failure.

    Poor Mouthing – Is it ever a good idea?

    Now, here is the crazy thing.  Yes, I believe poor mouthing during an appeal offers value and puts into context the impact a decision will have on another person.  But, it has to be done at the perfect time.

    In my experience, it has to done in a way that is helpful.  For example, while objecting to or pleading for an evidentiary issue.  In other words, it goes something like this:

    Your Honor, if you do not let this evidence in, it has the potential of causing an economic hardship”.  

    Other times, the idea of injecting an economic burden into a letter directed at the opposing party or used during a closing argument can grab the adversary’s attention.

    I desperately need you to see the facts I am identifying because they will impact whether or not my family can stay in our home”.  

    Of course, this cannot be done willy-nilly or without a grain of truth.

    As a result, I encourage everybody to  pick their spots wisely and focus most if not all of their attention on the root of their appeal.

  • Fist Fights over Cranky Creditor Probate Claims

    Fist Fights over Cranky Creditor Probate Claims

    Creditor Probate Claims are likely one of the biggest stresses a family will encounter.  Luckily, our Minnesota laws have tried to sort through the mess by helping us rank or prioritize creditor claims.

    Without question, the grieving process is painful on its own.  If part of your stress is trying to sort through Creditor Probate Claims, use the law to your family’s advantage.

    Imagine if…

    If you put every creditor in a room and asked them who wanted a dollar from your loved one’s estate, who would jump first?  Yes, if you allowed every creditor to line-up and argue why they should get paid, Creditor Probate Claims would turn into fist fights.

    Because Minnesota probate law 524.3-805 ranks which creditor will get paid first and which creditor will get paid last, fist fights are less likely.

    Creditor Probate Claims – 1st Priority

    Whom ever was responsible for writing Minnesota statute 524.3-805, they identified court fees, court costs, accountants, and attorney’s as the group of entities having the first priority over every creditor.  Yes, this is true even if a creditor has a lien.

    2nd Priority of Creditor Probate Claims

    Would you believe the average cost of a funeral in more than $7,000?  The second group of creditors having more rights than other creditors goes to funeral expenses.

    Likely, our legislators made it this way to encourage funeral homes to help lay to rest those who are insolvent or in need.

    The IRS wants their cut too

    The third ranking creditor is the IRS.  If you are connecting the dots, the government has purposely identified those with a 1st priority of creditor probate claims so there is an incentive to assure our federal income taxes are properly paid.

    I am sure those in power would encourage a better solution.  As it stands now, this is our system.

    Medical Bills

    Generally, medical bills are closely related to a person who has recently passed.  Creditor probate claims for medical bills are 4th and 5th place with a distinction being medical bills for the care of the decedent during the year immediately preceding death.

    Minnesota is in 6th Place

    Yes, the sixth ranking creditor is Minnesota.  In other words, any tax owed to Minnesota’s Department of Revenue is deemed less important than the expenses listed above.

    Creditor Probate Claims for everybody else

    Everybody else is left to 7th place.  Of course this is where lien prioritization and secured transactions become relevant.  However, lien prioritization is a topic for a different post.

    Again, if you or your family needs help with creditor probate claims, please contact this law office for help.

  • Being Unemployed with Children is not the End

    Being Unemployed with Children is not the End

    Being unemployed with children is hard because you are allowing yourself to think about the worst possible scenarios.  Whether you are wealthy or poor, people are the same.  We want the very best for our children.

    I believe your situation is fixable and it starts right now.  So you know, unemployment benefits are not a handout.  Instead, it is an insurance product that your tax dollars funded.  Do not be afraid of the word “unemployed”.  If you lived in another country, likely you would have purchased job loss insurance.  In Minnesota, we have a different process to reduce stress as people look for new opportunities.

    Thus, allow me a brief opportunity to share a handful of thoughts.  If you see a need,  keep coming back for assurance.

    Unemployed with Children:  Game Plan 101

    If you are unemployed with children, here are a handful of handful reminders:

    • Jobs are in demand and you can find one too.
    • As soon as you apply for a job, you give yourself hope that a phone call is right around the corner.
    • Finding a job is hard work, but you can do it.
    • Caring for smaller children will not impact your job search process.
    • Caring for older children will not impact your job search process.
    • Caring for a spouse or homebound person will not impact your job search process.
    • Yes, your cell phone is going to be your best friend while you search for jobs (don’t forget knocking on doors and using Twitter).
    • What you are trying to accomplish has been done by other people.
    • Knowing the rules will make your unemployment appeal process much easier to confront.
    • If you are denied benefits, engage the appeal process with a purpose.
    • Being denied does not mean you will lose an appeal.
    • Keep asking questions.
    • When required, do not be afraid of food support and subsidized health benefits.
    • Unconditional love is very powerful.
    • This process is temporary.

  • Save Unemployment by Doing 3 Things

    Save Unemployment by Doing 3 Things

    To save unemployment means winning an appeal.  You cannot save benefits without having them first.

    Thus, here are 3 quick things most applicants forget or simply are not aware of when seeking benefits.

    Save Unemployment by Requesting a copy of your File

    It always surprises me when Applicants contact me by phone and they have never thought about requesting or acquiring a copy of their employment file.

    In Minnesota, every worker and unemployed person considering an appeal for unemployment can use rule 181.961 to their advantage.

    The goal of seeking or requesting a copy of an employment file to save unemployment is to find documents that support your claim for benefits.  This might include:

    Employers know what is inside the file.  Most Applicants do not.  Thus, a worker can save unemployment by requesting a copy of their employment file.

    Save Unemployment by asking for the Truthful Reason of your discharge

    Even if you already believe you know the answer, the second thing a worker or unemployed person can do to save their unemployment case is seeking the truthful reason why their job ended.

    The rule that supports this process is identified under Minnesota statute 181.933.

    I believe this is important because sometimes workers can use their employer’s inconsistent statements to their advantage.  For example, lets say your boss said you were being fired because they were eliminating your position and you find out the real reason they fired you was because you missed a deadline or they thought you stirred the pot to much.  Unfortunately, hearing your employer’s feedback for the first time during an unemployment hearing can have a detrimental impact.

    Again, even if you already know the answer, I believe every applicant seeking unemployment benefits can use rule 181.933 to their advantage too.

    Save Unemployment by using Words from Minnesota Statute 268.095

    Because the unemployment law judge will very likely use this rule to deny or grant benefits,  I believe workers trying to seek or appeal benefits should always try to incorporate words or phrases from Minnesota statute 268.095.

    Unfortunately, this is easier said than done.  For this reason, I believe practicing out loud or in front of a mirror can be extremely beneficial to an applicant trying to win their unemployment case.

    Final Thoughts

    The most important evidence in any unemployment case are the words that come out of your mouth.  Please take time to understand and outline your process.

  • Unemployment Laws in MN Everybody Forgets

    Unemployment Laws in MN Everybody Forgets

    Unemployment laws are not something people set out to read for fun.  In fact, I would guess most people have never read the statutes that impact most appeals in Minnesota.

    That said, why would you?  In all seriousness, appealing benefits in MN is an unusual process.  Minus seasonal workers, most folks ever imagine being confronted with unemployment let alone an appeal.

    Thus, I am going to use this brief opportunity to identify a handful of unemployment laws in Minnesota that a lot of my Clients forgot about before I advised them otherwise.

    Unemployment Laws:  Where Are They?

    The first thing everybody needs to know is ignorance of the law is rarely a good strategy to win an appeal.  As you can see for yourself, the one person who can get away with not knowing the rules are cops.

    If your job is not related to law enforcement, then perhaps the next step is finding and reviewing Chapter 268.

    Unemployment Laws:  Rules of Importance

    I agree, reading unemployment statutes can be a daunting task.  As a result, I encourage starting with:

    If the task of knowing where to begin is daunting, I like the idea of taking a deep breath.  Nearly everybody I meet with feels this same stress.  In my experience, employees can overcome unemployment stress by pinpointing the laws that apply to their specific situation.

    Unemployment Laws:  Bad News

    Unfortunately, there is a little bit of bad news that needs to be identified as well: unemployment rules in Minnesota are further defined by cases.

    In other words, the muddiness of the law often get appealed by people who believe they are in the right.  Luckily, all of us can use these cases to our advantage to help diagnosis the likelihood of being successful.

    Unemployment Laws:  Good News

    The good news is everybody gets an opportunity to show why they are right.  In case you are new to the legal process of unemployment benefits, cases get reviewed by people called judges.

    Hopefully and with specific planning, applicants can use unemployment laws to their advantage.

  • Why are Ft. Snelling Headstones Larger for Some Veterans?

    Why are Ft. Snelling Headstones Larger for Some Veterans?

    Some Ft. Snelling Headstones are larger than others.  If you recently visited the Ft. Snelling National Cemetery, perhaps you have seen this too.

    If not, I took a picture for illustration purposes.  In my practice, I help Veterans with their funeral arrangements within an estate plan and inevitably, I will get asked about headstones.

    Thus, I addressed this issue on Twitter too:

    Ft. Snelling Headstones – Some are Larger?

    The answer is very simple:  larger headstone represent a gravesite with more than one veteran.  The picture I posted on Twitter represents a group of Minnesota veterans who died in an airplane crash as one.  

    Likely, you and your family would have wanted this same type of memorial too.

    Ft. Snelling Headstones:   Need to Know

    Really though, I think this is an excellent way to introduce two VA forms that MN Veterans can use and reduce stress on their family.

    If you are able, here are a few VA forms that apply to Ft. Snelling headstones and private funeral arraignment for veterans:

    Therefore, as Veterans consider their funeral directive, I believe including one of these forms can offer significant value to a complete game plan.

  • Are you sure You Picked the Right Personal Representative?

    Are you sure You Picked the Right Personal Representative?

    What does a Personal Representative in Minnesota do?

    Well, I am glad you asked.  A Personal Representative in Minnesota has many jobs.  Whether a person seeks their position through the court process or they were selected within a Will, every PR is responsible for the rules.

    If you were not selected as the Personal Representative, do not be disappointed.  Maybe just maybe you get appointed down the road.

    Regardless of your role, offering support to the deceased person’s family and friends is critical.

    Personal Representative in Minnesota:  When?

    A Personal Representative in Minnesota can only serve after somebody dies.  A personal rep or executor isn’t technically responsible for anything until the death of their loved one.

    On the other hand, a person serving as a trustee or attorney-in-fact might have responsibilities outside the scope of a PR.

    Duties of a Personal Representative

    Under Minnesota rule 524.3-703, you will find an outline of duties and responsibilities imposed on a Personal Representative in Minnesota.

    The first and the most important duty of a Personal Representative is a fiduciary duty.  This means the Personal Representative in Minnesota is observing the standards of care in dealing with the estate assets.

    Also, the Personal Representative in Minnesota has the duty to settle and distribute the estate of the loved one in accordance of the terms of a Will submitted for probate.

    In other words, actions taken by a Personal Representative is governed by an applicable law, the terms of the Will, and any order granted by a Probate Court.

    I Don’t Want to be a Personal Representative

    Yes, Minnesota law recognizes a Personal Representative may not want the above referenced duties and responsibilities and or the PR  may feel like they do not have specific knowledge in order to serve in this capacity.

    Do not despair.  The goal of an executor or PR is to facilitate an estate.  Likewise, Minnesota law says a Personal Representative shall not be surcharged for acts of administration or distribution if the conduct in question was authorized at the time.

    Protection for a Personal Representative

    Lets keep this simple.  An executor’s job is to divide up stuff and distribute it accordingly.  Generally, a Personal Representative in Minnesota is protected from any surcharged acts of administration or distribution provided the acts were authorized at the time they occurred.

    What should an Executor Do First?

    If the PR is slow to the mix, then a creditor might jump in first.  Thus, an executor either has to educate themselves on the probate process and acquire support.

  • Do not forget Unemployment Taxes on your Tax Return

    Do not forget Unemployment Taxes on your Tax Return

    Unemployment taxes are real.  Every person who received unemployment benefits from Minnesota is encouraged to address this issue with their tax preparer.

    Unemployment Taxes Tip #1

    Even more significantly, seek advisement from a tax professional on whether job search expenses (internet, phone, resume  paper, business cards, etc.) can be itemized or deducted from a tax return.

    Unemployment Tax Tip #2

    Within an online unemployment account, applicants can download their weekly benefits and review whether they had taxes deducted.  Likely, this information will be helpful while filing out a tax return.

    Unemployment Tax Tip #3

    People who received unemployment benefits should expect receiving form 1099.  For those looking to conduct their own research, here is a credible site.

    Closing Thoughts

    As many applicants seeking benefits in MN quickly conclude, the unemployment process is stressful.  Combat this stress by doing homework.

    Whether an applicant is new to the unemployment process or their job requires seasonal requests, being diligent is critical.

  • New to Unemployment: What I Tell the Unemployed

    New to Unemployment: What I Tell the Unemployed

    New to unemployment?  First, welcome.  Second, let’s have faith your unemployment stint is short-lived.  On the other hand, lets also assume the job search process takes six months or more.

    Did you know Minnesota’s unemployment office might be able to audit accounts under MN statute 268.186 for an infinite period of time?  Scary, right?

    For this reason, I tell anybody who is unemployed to engage MN unemployment benefits like they approach their taxes: keep hard copies of everything.

    New to Unemployment:  Records start Immediately

    Anybody applying for unemployment benefits will be asked to fill out a questionnaire.  I wish more of my Clients printed and kept copies of their application.

    Any person new to unemployment is encouraged to keep their application and or any written inquiries proposed by DEED down the road.

    New to Unemployment:  Quitting and Discharges

    Most people requesting unemployment benefits do not have jobs.  Even so, keeping records from the last job is significantly important.  Why?  Because in six months, most applicants confronted with an appeal often forget important details.

    The records I like seeking include:

    • Copies of employment files,
    • Truthful reason an employer ended a job, and
    • Writing down notes from an event for future reference.

    New to Unemployment:  Job Searches

    Another element to quality records in the long run include documentation of a person’s job search.  Personally, this can include just about anything:

    • Filling out applications,
    • Updating resumes,
    • Traveling around town looking for jobs,
    • Reading twitter for new job postings,
    • Talking with recruiters,
    • Updating online profiles,
    • Knocking on doors, and
    • Anything else you interpret as looking for a job.

    Generally, logging activities and time can be a life saver.  Most applicants I meet with do not have this.  Luckily, you can start documenting three minutes after you finish reading this post.

    Again, I am not identifying this as a burden, but a way to hedge risk.  The goal is to reduce problems in case of an audit.

    New to Unemployment:  Part-Time Jobs

    For the handful of workers, people or employees who accept  a part-time job get into trouble too.  For this reason, I like the idea of keeping a personal calendar of one’s shifts.

    For example, if a worker finds a part-time job at a restaurant, keeping a calendar for days and hours worked can again be a blessing in disguise.

    For those working the third shift, identify your both your starting time and ending time just incase things get crazy down the road.

  • When Love and Money Contradict

    When Love and Money Contradict

    Love is a powerful act.  Planning your estate and affairs is an act of affection and serves as an example to future generations.

    Unfortunately, people are afraid to address their demise. Personally, I find the nursing home, tax collector, and the boogie man to far more scary.

    Estate planning is not just about preparing for the inevitable; it’s about ensuring that your hard-earned assets are distributed according to your wishes, minimizing tax liabilities, and providing for your loved ones. In this blog post, we’ll explore the key reasons why estate planning is crucial and how our experienced team can guide you through the process to secure your family’s future.

    Protecting Your Loved Ones

    One of the primary goals of estate planning is to safeguard the financial well-being of your loved ones. Without a clear plan in place, your assets may be subject to probate, a lengthy and expensive legal process that can significantly delay the distribution of your estate.

    By creating a comprehensive estate plan, you can ensure that your family members are provided for without unnecessary complications.

    Minimizing Tax Liabilities

    Estate taxes can erode a significant portion of your estate if not properly managed. Our expert team will work with you to identify strategies to minimize tax liabilities, allowing you to pass on more of your assets to your heirs.

    From establishing trusts to taking advantage of tax exemptions, tailor a plan to maximize the wealth you leave behind.

    Preserving Family Harmony With Love

    Estate disputes can strain family relationships, leading to long-lasting rifts. A well-crafted estate plan can help prevent conflicts by clearly outlining your wishes and intentions.

    By addressing potential sources of disagreement proactively, you can foster harmony among your heirs and ensure a smoother transition of assets.

    Ensuring Business Continuity

    Do you love your business? If you own a business, estate planning is essential to ensure its seamless continuity after your passing. Without a proper succession plan, your business may face uncertainty, potentially leading to financial instability.

    This law office helps families develop strategies to facilitate a smooth transition of business ownership, protecting both your legacy and the livelihoods of those depending on the business. Again, an example of love for those relying on your business entity as a source of income.

    An Act of Love for Special Needs

    If you have dependents with special needs, estate planning becomes even more critical. Our team understands the unique challenges faced by families with special needs members and can help you establish trusts and financial arrangements to provide ongoing support while maintaining eligibility for government assistance programs.

    Adapting to Life’s Changes

    Life is dynamic, and circumstances change. Our approach to estate planning is not a one-size-fits-all solution. We’ll work closely with you to ensure your plan evolves with your life, accommodating changes such as marriages, births, and career developments.

    Each decision is difficult.  Decisions made out of love are always worth pursing.  Thus, have faith in your process.

  • The Average Veterans Home Cost in Minnesota

    The Average Veterans Home Cost in Minnesota

    Veterans home cost is a 5 step math problem.  If you are afraid of math, do not despair.  The goal is to keep this element of the estate plan simple.

    In Minnesota, the cost for a veteran to live within a nursing home facility is broken into a daily fee.

    The intent of this article is to help Minnesota veterans and their families understand where the daily fee is derived.  In future articles, I will outline eligibility issues and cost waivers.

    Thus, going forward, here is what and how local Veterans nursing homes calculates their daily fee.

    Veterans Home Cost:  Minnesota VA Nursing Homes

    In case your estate planning process started with this article, here is the first major point:  every facility or home has a different cost.

    I know…this sounds more like a non-profit nursing facility, but it is true.

    If your family lives near one facility, then knocking on one door is easy.  If the veteran in your life lives in the Twin Cities, then perhaps there are a few more options.

    None the less, the process of price shopping requires making contact with every veteran’s home.

    Veterans Home Costs: MN Nursing Home Math

    Math can be scary for a lot of people.  Ultimately, I want to highlight four additional points:

    • Minnesota rule 9050.0500 tells us how each VA facility calculates their daily fee,
    • The calculation is based on a 12 month period (starting July 1),
    • The cost per Veteran is calculated into a daily fee, and
    • Each Veteran is billed the same daily fee.

    Many of the military families I serve are surprised to find out each veteran is billed the same daily fee.  Again, I am talking about a daily fee and will address fee waivers based on need and income in future posts.

    Veterans Home Costs:  5 Simple Calculations

    There are 5 basic calculations used to determine MN veterans home costs.  Luckily, military families can start by finding out the following:

    When talking with a veterans nursing home, ask:

    What was the total direct cost for your facility?

    What was the average number of residents last year on any given day?

    Can you tell me what the total indirect cost was at your facility?

  • MN Workforce Center Advice is worth about 2 Cents

    MN Workforce Center Advice is worth about 2 Cents

    Workforce center advice about unemployment benefits in Minnesota is a bad idea.

    In fact, I would estimate most of the folks that contact me are doing so because they received horrible advice.

    Here are a few examples:

    Tell your story to the judge and everything will work out…

    Applicants do not need an attorney for their case…

    If an applicant looses, they can always appeal…

    Workforce Center Advice: Talking to an Unemployment Judge

    It isn’t the process of talking to a judge that is problematic for an unemployment claim.  Instead, it’s what people decide to talk about that becomes the problem.

    Talking with a judge is called testimony.  Being nervous can impact testimony.  Other times, I see applicants allowing the judge to lead them down a specific path versus having a clear goal or agenda.

    As soon as a person knows what and why they are giving testimony, talking becomes testifying with a purpose.

    Workforce Center Advice:  You Don’t Need an Attorney

    Finding out that the workforce center advice that a worker received was wrong is maddening.  Not everybody needs an attorney every step of the way.  Luckily, an ounce of help can go a long ways.

    I am a strong believer in advising workers on how to handle their unemployment case on their own merits versus assuming an attorney isn’t needed every step of the process.  Of course, there are situations that call for this type of attention, but not nearly as often most folks think.

    Sometimes, knowing you have a weak case versus a strong case is valuable.  Also, I think people find relief when they hear about alternatives to a denied claim.

    Workforce Center Advice:  Applicants can Always Appeal

    Yes, workforce center advice claiming a person can appeal is right.  On the other hand, the workforce center often forgets to tell folks that adding or changing the “record” after a phone hearing is extremely difficult.

    If a person fails at addressing issues of concern or fact during their phone hearing, they risk never having a valid opportunity to correct the deficiency going forward.  Of course there are exceptions, but the best time is during a phone conference with a judge.