Author: Jasper Berg, J.D.

  • Unemployment Rules in MN Are Not All the Same

    Unemployment Rules in MN Are Not All the Same

    Because unemployment rules are not the same as unemployment statues, I encourage applicants to know about both.

    As I have referenced in other posts, seeking eligibility is not a hopeless process.  Yes, it can be frustrating, but only for the people who do not know the rules.

    I believe every worker and employee in MN can use these rules to their advantage.

    Unemployment Rules in Minnesota

    Rules for unemployment are found here.  In my experience, people working at the workforce center have absolutely no concept how these rules work.

    Every unemployed worker in Minnesota trying to prove or show eligibility should know these rules inside and out.

    If an applicant spends time reviewing the rules, they will  ind very concrete information about:

    • Rescheduling a hearing,
    • Evidence,
    • Witnesses,
    • Subpoenas, and
    • What happens at unemployment hearing.

    Unemployment Statutes in Minnesota

    When I meet with a person, I use the term law interchangeably with unemployment rules and statutes.

    In Minnesota, an applicant can find statutes here.

    If a worker or employee reviews these rules in whole, they will find help with:

    • Definitions of commonly used terms (like employment misconduct or wages),
    • When benefits are paid, and
    • How to appeal an unemployment case.

    When do Unemployment Rules in MN apply?

    The rules for unemployment always apply.  Assuming otherwise can be a mistake.  Likewise, statutes impact every appeal too.

    Really, there is rarely a situation when both rules and statutes are not in play.

    More help with Unemployment Rules in Minnesota

    Any worker or applicant trying to conduct their own research should consider visiting a law library and utilize WestLaw.com.

    Most law libraries in Minnesota allow patrons (non lawyers) to access free legal research tools.  In my experience, an employee trying to access unemployment rules and statutes can use free resources to determine if a rule has a legal precedent.

  • Supplemental Unemployment Benefits Turn Bad

    Supplemental Unemployment Benefits Turn Bad

    Supplemental unemployment benefits are confusing.  In fact, this term has been confusing so many people that the Minnesota Supreme Court reviewed a case just a short while ago specific to supplemental unemployment insurance.

    If you are seeking an appeal and anticipate an issue with supplemental unemployment benefits, please contact me.

    What are supplemental unemployment benefits?

    Supplemental unemployment benefits are benefits that derive from an insurance product.  Some workers purchase this product while others are given the product as an element of their employment benefits.

    Generally, supplemental benefits are viewed as a pay check from an insurance company, which is paid to an unemployed person eligible for Minnesota’s unemployment benefit program under rule 268.085.

    When are Supplemental unemployment benefits a problem?

    For quite sometime, the unemployment office has been confused on whether supplemental benefits count as “wages”.  What is or is not a wage benefit is denied under Minnesota rule 268.035.

    If considered wages, supplemental unemployment benefits may have delayed or worse, denied a person’s separate unemployment benefit.

    Are SUB benefits different?

    In Minnesota, supplemental unemployment benefits are also called SUB.

    Exceptions to SUB wages

    Yes, in Minnesota, there are approximately 17 types of payments that are not considered wages.  One of the many exceptions includes payments made to supplement unemployment under a plan established by an employer.

    Just to name a few, other exceptions include:

    • Payments to or from a trust under  United States Code, title 26, section 401(a) ,
    • The value of any special discount or markdowns,
    • Royalties,
    • Non qualified stock options,
    • Sickness or disability benefits,
    • And approximately 12 other exceptions found here.

    Goal for Applicants

    The goal for applicants is to show or prove why their supplemental benefits are the same as an exception referenced above.  Again, there are 17 different exceptions and a worker should use every exception to their advantage.

    Help with supplemental benefits

    As you know, your benefit package is significant.  Because Minnesota laws on this point are very murky, please consider contacting me for help.

  • I Caught Minnesota Per Stirpes

    I Caught Minnesota Per Stirpes

    Minnesota per stirpes is not a disease.  Instead, it is a rule many people use in an estate plan to divide their stuff amongst children and grandchildren or maybe even nephews and nieces.

    In simple terms, this type of plan means we receive the inheritance from the person directly above us, had that person lived.

    Usually, the person directly above us is our parent or grandparent.  In practice, this can be confusing for estates and loved ones to grasp.  Especially if a family has experienced a divorce.

    Thus, I will  use the following chart to illustrate this process:

    Per Stirpes law in Minnesota

    Yes, a person can use many laws and documents to divide their property into an inheritance for specific people.  A process called “per stirpes” is one of many options a living person can use to divide their stuff.

    If you are in a rush, Minnesota’s per stirpes inheritance statute can be found here: 524.2-709.

    For those willing to stick it out, please allow me an opportunity to simply this Minnesota probate law and I encourage you to scroll up time-to-time and review the above graph.

    When is MN Per Stirpes Easy to Understand?

    If a person dies and they only have one child, this rule is easy.

    Likewise, if a person dies before all of their adult children die, the per stripes rule in MN is easy too.

    Unfortunately, easy is hardy the norm and I help people think through their estate in case something other than easy unfolds.

    Minnesota Per Stirpes: Assumption

    For this rule to make sense, lets assume:

    • You are dead,
    • Your spouse is dead,
    • And, you had three children,
    • Two of your children died before you,
    • And, you were blessed with many grandchildren.

    I agree, this is drastic, but not impossible.  If a person wants to understand or change their estate plan in Minnesota, simulating the inevitable is necessary.

    Minnesota Per Stirpes: My Share

    Next, I encourage people to look at their stuff in terms of a percentage.  For example, all of my personal and tangible property (“stuff”) including bank accounts, house, furniture, cars, lawnmowers, computers, and a tea collection.

    In total, I have stuff equalling 100%.  When a person receives my property in the form of an inheritance, they are getting a “share” of my stuff

    Minnesota Per Stirpes: Divide my Stuff

    Here is what people do not like about per stirpes: grandchildren can receive unequal shares while being equally related.

    Personally, I believe this approach is perfectly acceptable if our goal is to treat our children equally.  Again though, this approach is not for everybody.

    Now, if I had three children and they outlived me, the per stirpes rule in Minnesota says they all get 33% of my stuff.  If you live to the age of 90 and you take into consideration a person’s life expectancy, this scenario is unlikely.

    On the other hand, if two of my children die before me, their third (1/3 or 33% each) would get divided amongst their children (my grandchildren).  If my child does not have any children, then their 33.3% is redistributed amongst my living children.

    The Per Stirpes Example Above

    In my example above, my youngest child would get 33% of my stuff because they are alive.

    Because My oldest child and middle child are dead, their 33% share gets divided amongst their children (my grandchildren).

    This means the grandchildren of my oldest child would divide 33% of my stuff equally (or each would get half of 33%).  Because I love fractions, this equals approximately 16% or 1/6 for both of my G-O’s.

    Confused by MN Per Stirpes

    I know per stirpes is confusing if you do not work with inheritances on a regular basis.  If it helps, consider this.

    G-M would get 1/3 or 33% of my stuff while both G-O’s would get a lesser amount of 1/6 or 16% of my stuff.

    Again, some people like this idea while others do not.  What do you think?

    Minnesota Per Stirpes: Final Answer

    The final answer to the problem described above will not be the same for everybody.  For this reason, it is important to work through every conceivable possibility.

    For those who stuck with me, our Minnesota per stirpes law would conclude the following outcome for the situation described above:

    • Both of my G-O’s would get 16% of my stuff,
    • G-M would get 33% of my stuff, and
    • G-Y’s would get nothing because my Youngest Child would receive 33% of my stuff.
  • 268.095 Minnesota Law Ends Unemployment

    268.095 Minnesota Law Ends Unemployment

    Introduction to MN Statute 268.095

    268.095 Minnesota law applies to unemployment claims and appeals. Unfortunately, this unemployment law can cause lots of problems for applicants.

    Unemployment Lawyer

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    In general, the Minn. Stat. 268.095 impacts whether or not a person is eligible for benefits.

    Assuming this law pops up, every worker appealing their case should print and read this Minnesota unemployment law over and over, until they feel comfortable with their intended goal.

    Video Discussion UI MN Statute 268.095

    MN Stat. 268.095

    Three Types of Claims for 268.095

    This MN statute is divided into many subdivisions and sections.  In my experience, there are three types of claims:

    • Workers who quit their job,
    • Employees who are fired, and
    • People who believe both laws apply.

    Unemployment Quit

    For workers who know that they quit, subdivisions (1), (2) and (3) may apply.

    Unemployment Discharge

    For workers who know they were fired or discharged, subdivisions (4), (5), (6) and (6a) of Minnesota statute 268.095 may apply.

    That said, applicants must be well adverse for all three issues, just in case the issue is raised by a former employer or addressed by the unemployment law judge.

    MN Unemployment Quit Laws

    Yes, there are many ways for an employee to quit their job and acquire unemployment benefits in Minnesota.  

    Compare a “good reason” with other legal cases. If this isn’t possible, consider the following research tool: WestLaw.com.

    Termination and Discharge Laws for 268.095

    Employees accused of employment misconduct are different and utilize a different section of the law.

    The term employment misconduct in Minnesota is going to be fact specific.  In other words, I believe nearly every case is different because it will involve:

    • A different manager or supervisor or boss,
    • A different customer,
    • A job specific policy or procedure, and
    • Utilize a job history generally specific to each worker.

    Like I mentioned above, utilizing research tools mentioned above may help clarify your situation or goals.

    Employment Misconduct and MN Statute 268.095

    Employment misconduct is another significant element of this section of Minnesota law.

    In general, there are a handful of arguments that employers utilize. This includes intentional acts, duties, and indifferent conduct.

    Luckily, there are far more opportunities for a worker or employee. That said, the first issue is always determining how a job ended and for what reasons.

    Changes to MN Statute 268.095

    Over the years, Minnesota statute 268.095 has changed many times.  In fact, this law office estimates this specific rule or law has changed more than sixty (60) different times since its original enactment in  the year 1927.

    Because this rule has changed so frequently, a situation involving another family member or friend is not necessarily helpful.

    Other Impacts to Minnesota Statute 268.095

    The biggest factors when trying to win a case where this law applies is applying a strong legal precedent.

    Legal precedent is the hundreds and thousands of cases that provide examples of what is considered a good reason to quit or employment misconduct.

  • Minnesota Unemployment Fraud

    Minnesota Unemployment Fraud

    When a person is accused of Minnesota unemployment fraud, the first two feelings generally felt is stress and fear.  I believe every Applicant seeking benefits has the power to clear their name.

    Generally, most Applicants are tripped up when answering their weekly benefit questions.  Unfortunately, reflecting on past application questions can be difficult.

    For this reason, I encourage Workers to consider the following when engaging unemployment fraud:

    • Make a notebook of job search activities,
    • Print out monthly calendars,
    • Map hours worked (if any) on a weekly basis,
    • Map wages (if any) received on a weekly basis, and
    • Make a list of every job sought or applied too.

    Minnesota Unemployment Fraud – Statute 268.18

    Next, I encourage Workers to review the laws and rules.  I believe:

    • Everybody’s situation is different, and
    • Fraud can be limited to one week of benefits or many months of benefits.

    One of the main rules that applies to an unemployment case is Minnesota statute 268.18.

    Legalese of Minnesota Unemployment Fraud

    The rule for fraud says a person has committed unemployment fraud in Minnesota if they received unemployment benefits by:

    • Knowingly misrepresenting, misstating, or failing to disclose any material fact, or
    • A Person making a false statement or representation without a good faith belief as to the correctness of the statement or representation.

    Yes, that is a mouth full.  Not to worry.  I would like to briefly introduce this topic in my video below:

    Criminal Rule for Unemployment Fraud – Statute 609.52

    Yes, sometimes an Applicant can be impacted by a criminal law too.  The criminal rule for unemployment fraud in Minnesota is rule Minnesota statute 609.52.  Rule 609.52 is a criminal rule and different from the rule stated above.

    Overlap of both rules

    Yes, there is overlap between unemployment rules and criminal rules.  The overlap is seen here:  Minnesota statute 268.182.

    What should you do if you are accused of Minnesota Unemployment Fraud?

    Every person reacts differently.  In my experience, it is easier to access a process by pinpointing where the issue may have started.

    If you do not know where it may have started, then I encourage Applicants to practice good judgment in their preparation.

    Other issues to be aware of:

    I believe the office managing unemployment benefits prefer charging a person with unemployment fraud because:

    • The monetary penalties can be up to 40% (which is really high), and
    • Yes, there are ways the unemployment office can create an infinite period of time to collect their money.

    Does Minnesota Unemployment Fraud happen a lot?

    As requests for unemployment benefits becomes more difficult, unintentional Minnesota Unemployment Fraud is happening too.

    Based on various articles I have reviewed and dating back to the year 2009, an unemployment overpayment has become twice as likely.

    As you can see, Minnesota’s unemployment office overpaid Applicants millions and millions of dollars in benefits.

    What is the process for Minnesota Unemployment Fraud?

    Specific to unemployment fraud under rule 268.105, an Applicant can appeal an unemployment overpayment claiming fraud.

    The process for unemployment fraud under Minnesota statute 609.52 depends on the County, the amount owed, and whether or not you are seeking an appeal through the unemployment process.

    What is the difference between Non-Fraud and Minnesota Unemployment Fraud?

    A Minnesota Unemployment overpayment is classified under two categories: nonfraud and fraudulent.

    Unemployment fraud can impact your credit history, professional licensing, and the monetary penalties.

    Although rule 268.105 identifies a standard procedure, your rights and the burden of proof is different.

    Thus, every case is different too.

    What should you do about being accused of Minnesota Unemployment Fraud?

    Yes, Applicants seeking benefits have rights.  However, judicial decisions are important and need your attention.  Otherwise, a Worker might inadvertently waive their rights.

    Should you hire a lawyer for Minnesota Unemployment Fraud?

    Fraud is way to series to mess around with.  Please consider contacting me if you want to discuss your specific situation.

  • Never Create a Joint Account with your Children

    Never Create a Joint Account with your Children

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

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

    The preferred method versus a joint account with children

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

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

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

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

    Reasons a joint account with children is bad

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

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

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

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

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

    Help before creating a Joint Account with Children

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

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

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

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

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

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

    Dangers of using a Veterans Power of Attorney Form

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

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

    Preventing problems

    Here is how Veterans can prevent problems:

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

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

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

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

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

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

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

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

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

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

    Where can you find a Veterans Power of Attorney form?

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

  • Pets In Your Will, But Should You?

    Pets In Your Will, But Should You?

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

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

    Naming Pets In Your Estate

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

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

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

    Pet Trust Claws

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

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

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

    Guardians Named In Your Trust

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

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

    Are There Other Options

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

  • Over My Dead Body: Pay Back Your Inheritance

    Over My Dead Body: Pay Back Your Inheritance

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

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

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

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

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

    Laws to pay back your inheritance

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

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

    Pay back your inheritance – exceptions

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

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

    Balance the value of your inheritance

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

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

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

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

    Do you need to pay back your inheritance?

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

  • Ten Years After He Died, A Trust Breach Occurred

    Ten Years After He Died, A Trust Breach Occurred

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

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

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

    First lesson in preventing a trust breach

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

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

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

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

    Second lesson in preventing a trust breach

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

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

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

    Third lesson in preventing a trust breach

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

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

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

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

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

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

    Fourth lesson in preventing a trust breach

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

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

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

    Prevent trust breach in Minnesota

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

    Please contact me if you want additional information.

  • What If Your Trustee Dies?

    What If Your Trustee Dies?

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

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

    If a trustee dies, who is the trustee?

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

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

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

    Who can serve as a backup trustee?

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

    A backup trustee can be:

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

    What if your backup trustee dies?

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

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

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

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

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

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

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

    Help when a trustee dies

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

  • Why Seasonal Unemployment Stinks

    Why Seasonal Unemployment Stinks

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

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

    • Agricultural workers and
    • All other workers.

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

    Rule 1 why Seasonal Unemployment Stinks

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

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

    Rule 2 why Seasonal Unemployment Stinks

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

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

    Rule 3 why Seasonal Unemployment Stinks

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

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

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

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

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

    Other Minnesota laws impacting Seasonal Unemployment

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

    Those needing Help

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