Author: Jasper Berg, J.D.

  • Wills for Military Veterans

    Wills for Military Veterans

    Wills for Military Veterans in Minnesota are much easier to write when the Veteran is alive.

    Unfortunately, veterans who pass without a will introduce a different challenge.  Lets skip past these challenges and get straight to the point.  Why having a will before you deploy is a must.

    Wills for Military Veterans: Reasons

    Whether you are an E-2 or an O-8, here are a handful of reasons why you need to jump on this process:

    1. To identify a specific person as a guardian for a child.
    2. You love your spouse.
    3. You dislike an ex.
    4. Your spouse, parent, sibling or friend would make a better personal representative than a creditor.
    5. Dividing up your bank accounts and property amongst your family becomes much easier.
    6. In case your significant other is pregnant.
    7. Your children are depending on you.
    8. Reduce Probate Problems.

    Seems straight forward, right?  If you want to get fancy, having a will that pours into a revocable trust is even better because it helps reduce probate all together.

    Wills for Military Veterans: Supporting Documents

    If my last paragraph doesn’t make sense, no worries.  Call me and we can talk it through together.

    Going forward, here are a few other documents current and past Military Veterans should check out:

  • Unemployment Benefits for a Third Shift Job are Not the Same

    Unemployment Benefits for a Third Shift Job are Not the Same

    Third shift jobs are about to start and I felt compelled to address this special group of unemployed workers.

    Thus, if you work the 3rd shift, I hope this short outline helps.

    Third Shift: Hourly Wage

    First, it takes a special type of person to work the third 3rd shift.

    In my experience, most workers in this category seek the 11-7 shift because they want a higher hourly wage.

    Third Shift: Independently Motivated

    Second, third shift workers are generally independently motivated employees.  I believe this because altering one’s sleep schedule and family life is all about sacrifice.

    Third Shift: Unemployment Benefits

    Third, unemployment benefits for a 3rd shift job are not the same as a day job because the definition of “suitable employment” applies differently.

    Suitable employment is a term used by the unemployment office to help us determine which jobs we are required to apply for during the unemployment process.

    The law that typically comes up in Minnesota is statute 268.085.  The rule reads as follows:

    Subd. 15.Available for suitable employment defined.

    (a) “Available for suitable employment” means an applicant is ready, willing, and able to accept suitable employment. The attachment to the work force must be genuine. An applicant may restrict availability to suitable employment, but there must be no other restrictions, either self-imposed or created by circumstances, temporary or permanent, that prevent accepting suitable employment.

    (b) Unless the applicant is in reemployment assistance training, to be considered “available for suitable employment,” a student who has regularly scheduled classes must be willing to discontinue classes to accept suitable employment when:

    (1) class attendance restricts the applicant from accepting suitable employment; and

    (2) the applicant is unable to change the scheduled class or make other arrangements that excuse the applicant from attending class.

    (c) An applicant who is absent from the labor market area for personal reasons, other than to search for work, is not “available for suitable employment.”

    As you can tell, the term suitable employment is as clear as mud.  What is suitable employment or not suitable employment is different for every third shift worker.

    In other words, employees are sometimes required to prove why seeking a subsequent third shift job is unnecessary going forward.

    Because the unemployment office sometimes uses this rule against a worker accustomed to a 3rd shift, I encourage being attentive and using case law to support all claims.

  • Fighting Anxiety When Giving Unemployment Hearing Testimony

    Fighting Anxiety When Giving Unemployment Hearing Testimony

    Hearing testimony during an unemployment case is very common.  In fact, I cannot think of one hearing that did not involve talking to a Judge.

    In my experience, many of my past Clients seek my help because they get anxiety just thinking about communicating with their employer or a judge.

    Because most of the applicants I meet with share this fear, I wanted to create a short list of suggestions.

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    Hearing Testimony:  Unemployment Help

    If a person cannot talk for themselves or they become easily confused, ask yourself:

    • Would practicing out-loud make the process easier to manage?
    • Is it possible that a mental health issue impacted employment too?
    • Would having evidence from a doctor make a case stronger?
    • Are there trigger words or dates that can help remind us what to talk about?
    • Is it reassuring that we can always ask for a break to step away to the restroom?
    • Would another person help the case when giving hearing testimony?

    Hearing Testimony:  Who can Ask Questions

    Another common stress or worry that I hear about is the fear of who will ask the questions?  Generally, anybody on the phone or at the court appearance can ask questions.  This includes:

    • The unemployment law judge,
    • An attorney,
    • The employer and their witnesses.

    Anxiety with this process is usually amplified because a person does not know what to expect.  Knowing that others will have an opportunity to ask questions can sometimes give relief.

    Also, I think it is wise to be prepared for making legal objections such that unfair questions can be put to a halt before they become damaging.

    Hearing Testimony:  Does Anxiety Really Matter?

    You already know that stress, depression and anxiety is a real thing.  For those that have sought help from their doctor, I commend you.

    For those needing help from their doctor, having a diagnosis can really have a positive impact on an unemployment case.  Especially those discharged for employment misconduct.

    Hearing Testimony:  Unemployment Benefits are Worth Fighting For

    Again, I know stress and anxiety impacts some of my Clients.  In fact, I think having anxiety over giving testimony to a judge or hearing a manager’s voice on the phone can make the situation even worse.

    Sometimes, knowing why and how to approach a claim is the best strategy to overcome anxiety.

  • Don’t be a Fool with your Executive Unemployment Benefits

    Don’t be a Fool with your Executive Unemployment Benefits

    Employees seeking executive unemployment benefits tend to have a condition I call “rational and reasonable“.

    Unfortunately, Minnesota’s unemployment system isn’t as rational or reasonable as you might have hoped.

    In my practice, I see executives make fabulous career advancements.  When a position or career gets derailed, I encourage executive employees to put away their ego and review whether they are eligible for MN unemployment benefits.

    Executive Unemployment:  Benefit Eligibility Issues

    In addition to benefit eligibility, here is a short list of issues I see most often:

    • Non-compete agreements,
    • Application of fringe benefits,
    • Buy-out agreements,
    • Stock option valuations,
    • Separation agreements,
    • Work related injuries, and
    • Wrongful termination claims.

    Unfortunately, all of these issues can impact or delay benefits.  The unemployment rules for a delay can be found under MN unemployment statute 268.085.  For conduct issues, I encourage folks to read and understand rule 268.095.

    Executive Unemployment:  Benefit Stereotypes

    If you want to talk about stereotypes, take a second look at the picture I used to highlight this article.

    Additionally, executive level workers in Minnesota get stereotyped when trying to collect unemployment benefits because they are compelled to disclose their salary and wages.  Whether it actually happens, I believe upper tier payment structures can impact the unemployment office.

    On the other hand, this is not a reason to stop an appeal or back away from applying in the first place.

    In other countries, workers of all levels buy an insurance product exclusive to a job loss.  In the United States, we have a different system that allocates tax dollars.

    With few exceptions, I hardly see valid reasons why an executive level manager should refrain from applying or appealing their benefit eligibility.

    Unemployment Benefits for Executives

    Luckily, the one ingredient that helps most employees in high levels is their acknowledgment of reducing risk.

    Luckily, the rules for lower wage workers and higher waged workers are the same.  In my experience, every person at every level can help themselves by filling in answers to application questions to reduce the risk of an unemployment appeal.

    For those already involved in the appeal process, Minnesota law favors workers and employees.  The trick is finding and applying the rules that apply to a specific situation.

  • Unemployment in Minnesota after Calling in Sick and getting Fired

    Unemployment in Minnesota after Calling in Sick and getting Fired

    Calling in sick and loosing your job is a horribly stressful.  The unemployment process in Minnesota is forgiving when workers call in sick and lose their job.

    However, the process in proving why you are eligible for benefits can be one problem after another.

    Calling in Sick:  Unemployment Rules

    Employees calling in sick are generally fired for one of three reasons:

    • They have too many absences,
    • The absence is “unexcused” or
    • The worker is told they didn’t follow procedure.

    When I meet with workers, I encourage workers to take a different strategy.  Instead, start looking at the rules that will help you win an unemployment case.

    One of the many rules used in Minnesota is a rule called 268.095.  The unemployment process defines the process of making a mistake “employment misconduct”.

    Thus, I think the first step in proving a called in sick case is knowing about the employment misconduct rule.

    Calling in Sick:  Should You Quit?

    Rarely do I encourage workers to quit their job after calling in sick.  Believe it or not, some employers will make a worker feel like quitting is the only option.  As you might expect, I disagree.

    Calling in sick generally means a one time or one shift or one day occurrence.  I do not view this process as a long-term perpetual disease or medical problem.  I view more impactful medical conditions differently because different laws generally apply.

    Yes, there are unemployment laws in Minnesota that can support workers with a medical condition.  Unfortunately, Minnesota also has rules to make a person ineligible for benefits because they have a medical condition too.

    In practice, a person trying to protect their unemployment benefits should know why and how the rules will impact their application for benefits.

    Calling in Sick:  Unemployment Cases in Minnesota

    I wish it wasn’t so, but every worker experiences something a little different because everybody has a different boss and most workers have:

    • Different employee handbooks,
    • Previous storylines,
    • Co-workers treated differently than themselves.

    So, before you start researching different cases supporting or denying benefits for being sick, be proactive by proving why you are right.

  • Keeping Your Will Safe In Places You Didn’t Think About

    Keeping Your Will Safe In Places You Didn’t Think About

    Keep your will safe.  That seems like good advice, but how on earth can you keep a will safe when we are surrounded by bad things.

    After a quick review of common fears, I will share the one place people fail to think about.

    Seriously, what are you afraid of?  Flood?  Fire?  Going to the Emergency Room?

    Here are a few common suggestions on where people like to keep their wills:

    • Safe deposit box,
    • With an attorney,
    • At home, or
    • Recorded with the County.

    Keeping your Will Safe from Fire

    Being afraid of fire is natural, just not very likely.  Obviously, having your house burn down and having your estate plan destroyed is horrible.  On the other hand, you will likely live to tell about it.

    In the year 2013, Minnesota saw 26 fatalities due to fire.  Even though I am familiar with a specific person perishing in a house fire, 26 people out of 5 million Minnesotans is a low risk (.0000052 %).

    Will Safe inside a Safe Deposit Box

    I agree, a safe deposit box can be a low-cost location for an estate plan.  The problem I run into with safe deposit boxes includes:

    • Nobody knew a box exists,
    • Forgotten locations,
    • Keys are lost,
    • Family members are not added to the list of patrons who are granted access.

    In my experience, one stroke or car accident can make the Bermuda Triangle look more accessible than a safe deposit box.

    Is your Will Safe with an Attorney?

    No, do not keep your will with your lawyer.  This has nothing to do with trust.  Your lawyer’s office is susceptible to fire too.  And, your attorney might die before you.

    Even though I trust myself more than any other person walking the planet, keeping a will safe with an attorney is an outdated practice.

    Keeping your Will with the County

    If you are unfamiliar with your County’s property department, you can visit them at for a few dollars, record a will.

    A long time ago, this was a great idea because our life expectancy was short and people didn’t entertain implementing a revocable trust.  Now, this old way of doing things seems ridiculous.

    First, I dislike the idea of exposing my will to the general public.  Second, I want the option of looking at my will from time to time so I know whether I need to make updates.  Third, I want my loved ones to have access to my important papers without involving the government.

    Is my Will Safe at Home?

    This is going to blow your mind, but I think a thief is more likely to steal money and electronics versus my will.  Even if somebody stole my will, I can make a new one.

    Also, don’t hide your will so nobody can find it.  Instead, pick a spot that is sure to get noticed like your drawer or book shelf.

    As of today, I encourage most of my Clients to keep their important estate planning documents in two spots:

    • Inside an unlocked fire proof box, and
    • The one place described below.

    ** TIP:  You can put other important papers inside your fire-proof box, like insurance policies, birth certificates, passports, marriage licenses and your DD 214 ***

    Is my Will Safe: One Place People Fail to Think About

    The one place people fail to think about is actually two of three places:

    Older generations are deathly afraid of storing their estate plan in the Cloud.  I will let you do your own research, but the MyCloud product is not stored in the Cloud and generally accessible anywhere you go and shareable with your loved ones.

    Whether you like Apple products or not, our own FBI spent $1.3 million dollars to break into one iPhone.  As of today, I really like Apple’s policies specific to iCloud storage and think this is a credible response to the fears identified above.

    Google Drive also appears to be a strong method for keeping a will safe.  Here is why:  a person can set up their Google Drive to contact specific people if their account is not used for xyz days.  In other words, if I had a Google Drive and I didn’t access it for 120 days, I can set up a process to give my loved ones access to my Google Drive account.  On the other hand, I think Google’s policy on document access could be must stronger.

    Personally, I think using MyCloud along with a secondary online source is a strong response to the issues described above.

    Keeping my Will Safe is a Full-Time Job

    Certainly, our lives are always evolving and nobody can predict the future.  My usual response is keeping hard copies in a fire proof box and an electronic version within a secure network.

    One thing remains a constant:  only you can assess which methods are best for you and your family.

  • Managers Unemployment has reached 26.5% in Minnesota

    Managers Unemployment has reached 26.5% in Minnesota

    Managers unemployment statistics are increasing at an alarming rate.

    Even though the unemployment rate in MN is 3.3%, the unemployment rate for managers in Minnesota is 26.%.

    Managers Unemployment:  What are the Numbers?

    Compared to the past year, approximately 200 more supervisors in 2016 than 2015 requested unemployment benefits.

    My hope for 2017 is that managers and bosses trying to appeal their benefits will take an appeal seriously to reduce the risk of having their unemployment benefits denied by MN.

    Managers Unemployment:  Who Does this Include?

    The term “manager” is an occupation defined by the Department of Labor.  Really, it is easier to identify who is not a manager versus define who is considered a supervisor.

    A manager does NOT include:

    • Business operations,
    • Financial operations,
    • Computer occupations,
    • Mathematical occupations,
    • Sales, or
    • Office support staff.

    Managers Unemployment:  Why this is Important?

    In my experience, this is why these numbers are important:  because the unemployment office can scrutinize a person’s labor market.

    If I am a manager and I lost my job, then logic says I should look for another manager job.  The unemployment statistics referenced above suggest that this will be a difficult process.

    As a result, I want to prepare myself early and quickly by including  jobs outside my labor market into my job search process.

    Managers Unemployment:  Appealing Benefits

    Unemployment appeals specific to managers is another interesting.  Generally, managers trying to collect unemployment benefits do not have many issues when their job loss is due to a layoff.

    However, employers who like to exaggerate will claim their manager failed in their responsibilities, acted intentionally or were negligent.  In layman’s terms, the unemployment office calls this employment misconduct.

    Even though managers unemployment levels are high, conceding your claim because you are accused of misconduct is unacceptable.  As stressful as it might appear, I encourage digging in and proving up your case.

  • 1,699 Different MN Unemployment Law Cases for this Rule

    1,699 Different MN Unemployment Law Cases for this Rule

    How many MN unemployment law cases are there for appeals in Minnesota?  Alone, there are 1,699 public cases that discuss Minnesota statute 268.095.

    By the time you read this, the number of cases will increase.

    While some cases are unpublished, these types of cases still offer value.  For applicants appealing their claims because of employment misconduct or quitting, published cases are even more important.

    If you are looking for updated cases, consider contacting the Minnesota Court of Appeals.

    Otherwise, if you are appealing an unemployment case and it involves the quit or discharge law, please take your appeal seriously.

  • 8 Easy Tips to Prevent Unemployment Office Problems

    8 Easy Tips to Prevent Unemployment Office Problems

    In Minnesota, unemployment office problems can look or feel different to every person.

    Look, I do not want you to experience problems.  Unfortunately, problems unfold without people even knowing that it is occurring.

    I believe the best solution to an unemployment problem is identifying the issue.  If you cannot do this, then perhaps the following tips can help problems from arising.

    Tips to reduce Unemployment Office Problems

    Here is a good start to prevent unemployment office problems in Minnesota:

    1. Do not visit the workforce center and share your whole story.
    2. Try to predict how or when your employer might lie about key events.
    3. Telling the unemployment office about a medical issue is not always a good idea.
    4. Prepare for an appeal by obtaining evidence before it  occurs.
    5. Assume your unemployment will get denied.
    6. Pay attention to your online account.
    7. Read your mail every day.
    8. Take the application process seriously.
    9. [BONUS]  *** Even if it has been 2 years since you received benefits,  update your online account when or if you move to a new residence.
  • Scared to Edit Your Will in Minnesota?

    Scared to Edit Your Will in Minnesota?

    Are you looking to edit your will in Minnesota?  Great!  Here we go…

    First, let’s acknowledge having a Will in Minnesota is better than dyeing with no will.

    That being said, there are significant risks when you want to edit your will in Minnesota.

    Why do you wan to edit your will in Minnesota?

    If you need to edit your will in Minnesota, likely you had a change in your family.  A second reason to edit a will is because there was a new rule or law.

    On the other hand, editing your current will can impose severe risks and bring more problems than you likely have time to worry about.  For this reason, I think starting from scratch is the preferable method.

    However, some people are stuck in their ways and still want to edit their will and risk contradiction or ambiguity.  Thus, here we go.

    Edit your will in Minnesota using a codicil

    A “codicil” in Minnesota is a supplement or addition to a will.  This means a person is not disposing or terminating their will, but modifying it.

    Yes, a person can edit a will in Minnesota by implementing a “codicil.”  The formalities of a codicil are the same as creating a new will.

    Because the process is the same, making a new will can be much less risky.  

    Other problems with editing your will in Minnesota include…

    • People loose their will,
    • Family members didn’t know there was a codicil,
    • A codicil contradicts a statement in the will,
    • The codicil make things less clear, or
    • Your codicil was written under duress or a different mental state.

    What should you do first if you want to edit your will in Minnesota?

    If you are considering whether or not you want to edit your will in Minnesota and how to proceed, best practices suggests seeking help from an estate lawyer and starting from scratch.

    Otherwise, creating a supplement to your will or looking to edit your will in Minnesota might cause issues or adversely alter your intentions.

  • Forms for a Transfer on Death Deed

    Forms for a Transfer on Death Deed

    TODDS or transfer on death deeds are fantastically inexpensive. When used correctly, these types of documents are fantastic for Minnesota families looking to reduce the risk of probate.

    For those looking for online resources, the Minnesota law that govern this method of transferring real property begins within statute 507.071.

    That said, because mistakes with land and beneficiary issues can compound, here are a few drafting issues that need to be taken into consideration:

    • Titling
    • Abstract versus Torrens questions, and
    • Identifying the strongest Legal Description.
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    What is a Transfer on Death Deed in MN?

    A transfer on death deed, also called a “TOD deed” or “TODD” is a piece of paper that explains who should get your real estate (or house) on your death without the need of seeking approval from a probate court.

    For a document of this nature to be effective, a transfer on death deed must be completed and recorded in the County where the property is located.

    Can a Minnesota TODD transfer a piece of property to more than one person?

    Yes, a TODD can transfer real estate to more than one person or entity (like a charity or church).

    For example, a mother can use a transfer on death deed in Minnesota to transfer the family cabin in equal shares to her three children.  Each child is a grantee beneficiary.

    The possibilities for a TODD can be as creative or exotic as your estate requires.  On the other hand, the more extreme a TODD becomes, the more likely a different transferring tool should be considered.

    What can go wrong with a Transfer on Death Deed?

    A few detailed examples how or why a TODD can go wrong includes the following:

    • An incorrect legal description,
    • A grantee beneficiary dies before the owner of the property dies,
    • If the owners of a property were married, the remaining spouse fails to file an Affidavit of Survivorship,
    • Names of the beneficiaries are misspelled,
    • The person filling out the form uses the wrong form,
    • A person fails to record the document,
    • A person accidentally revokes the deed,
    • The grantor fails to consider estate taxes,
    • The grantor does not have each document notarized and witnessed correctly, and etc.

    Where to find forms for a Transfer on Death Deed

    If a person has the time, consider visiting your local recorder’s office. As an alternative, consider reviewing this list of forms.

    What happens when a TODD is recorded in Minnesota?

    The County’s recorder office charges a fee to file a transfer on death deed.

    A TODD does not kick into effect until the owner of the real estate dies.  In other words, a transfer on death deed is not effective nor does  anything happen when it is recorded.

    Instead, the property does not change hands until the owner or grantors die.  If the grantor dies and the document was valid, the property transfers to the designated recipient.

  • End Power of Attorney By Screaming?

    End Power of Attorney By Screaming?

    What if you want to end power of attorney (“POA“), the process is not about screaming. Instead, there is a specific process for revoking this type of estate planning document.

    The person who creates a POA on their behalf is called the Principal. Ideally, the Principal didn’t formulate this type of estate document and distribute the document as if it was a baseball card.

    Luckily, there is a process for ending this type of agreement.

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    Powers to Revoke a POA

    There are many powers held by an attorney in fact, but lets tun our attention to the power to revoke.

    One way to revoke a durable power of attorney is to utilize the revocation form distributed by the Attorney General’s Office. As we can see under Minn. Stat. 523.11, Minnesota has lots of conditions and requirements for terminating or “end power of attorney” between the principal and and attorney-in-fact.

    When the Principal is incapacitated, the conservator or guardian of the principal has the same power the principal would have to revoke, suspend, or terminate all or any part of the authority granted.

    Other Reasons to End Power of Attorney

    Of course, there are many reasons that a person might desire to end or terminate their power of attorney document. This includes but is not limited to:

    • Changes to the Principal’s financials
    • Changes in health,
    • IRS and Audit Concerns related to a Gift,
    • Births or Adoptions,
    • Injuries, health problems, or deaths to any attorney-in-fact,
    • Marital changes, the death of a spouse, or divorce,
    • Fallout with friends or family,
    • International travel,
    • A change in your thought and beliefs towards organ donation,
    • A revision to other estate planning powers managed by a Trustee or Fiduciary,
    • A change in feelings towards Agents, Beneficiaries, Guardians, Trustees, and Personal Representatives,
    • Moving or residing in a different state, and
    • A change in State or Federal law.

    So, as you explore the process for terminating powers and authorities granted within a durable power of attorney document, consider the revocation process defined under Minnesota law.