Author: Jasper Berg, J.D.

  • For Military Families Needing A Funeral Honor Guard in Minnesota

    For Military Families Needing A Funeral Honor Guard in Minnesota

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

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

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    Forms for a Funeral Honor Guard?

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

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

    What does a Funeral Honor Guard do?

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

    Funeral Honor Guard

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

    How many people are part of the Honor Guard?

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

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

    Should you bother seeking an Honor Guard?

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

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

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

    Rules Granting an Honor Guard

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

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

    Who manages the Funeral Honor Guard in Minnesota?

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

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

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

    Do you need help?

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

  • Unemployment Help Means This…

    Unemployment Help Means This…

    Unemployment help means something different to everybody.

    Unemployment Help

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

    (1)  Help filling out an application,

    (2)  One-on-one consultations,

    (3)  Phone hearing,

    (4) Filing an Appeal,

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

    (6)  Filing a Request for Reconsideration,

    (7)  Representation during an Unemployment Audit,

    (8)  Help with a Garnishment,

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

    (10)  Reduce unemployment taxes and penalties,

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

    (12)  An appeal to the Minnesota Supreme Court,

    (13)  Other services specific to your situation.

    Need more unemployment help

    Please contact me if you need help.

  • Why TAA and Unemployment in Minnesota is a Mess

    Why TAA and Unemployment in Minnesota is a Mess

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

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

    What are TAA benefits?

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

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

    How much are TAA benefits worth?

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

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

    Legal cases for TAA and Unemployment in Minnesota

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

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

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

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

    Minnesota Unemployment Laws

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

    Are TAA benefits the same as Unemployment benefits?

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

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

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

    How do you get TAA benefits?

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

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

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

    MN Unemployment Appeal

    The unemployment office in Minnesota denied my TAA benefits

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

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

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

    File an appeal for Trade Adjustment Assistance

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

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

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

    Do you need help appealing TAA benefits?

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

  • 3 Steps to Fund Revocable Trust in Minnesota

    3 Steps to Fund Revocable Trust in Minnesota

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

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

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    Fund Revocable Trust: Step 1

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

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

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

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

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

    Fund Revocable Trust: Step 2

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

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

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

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

    Fund Revocable Trust: Step 3

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

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

  • For Minnesota Folks Who Care About Federal Estate Taxes

    For Minnesota Folks Who Care About Federal Estate Taxes

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

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

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

    Federal Estate Taxes and Gift Taxes

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

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

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

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

    3 Gifts that are not Taxed

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

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

    Federal Estate Taxes and Death Taxes

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

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

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

    Estate Planning and Federal Estate Taxes

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

  • 5 Steps After Your Spouse Dies in Minnesota

    5 Steps After Your Spouse Dies in Minnesota

    Your spouse died in Minnesota and you need help.  Including me, nobody enjoys talking about death.

    During the grieving process and thereafter, consider the following checklist to help you make important decisions.

    Step 1: calculate 9 months from your spouse’s death

    I agree, focusing on a funeral and making major life changes is stressful.  For a moment, lets assume your family has this under control.

    The most significant deadline the living spouse needs to know about is 9 months after your spouses death.  Starting on the date your spouse died in Minnesota, IRS Form 706 has a 9 month deadline.  Wait, what?  What does this have to do about anything?

    IRS Form 706 is a special form used by the IRS.  This form allows your now deceased spouse to pass their unused tax exemptions onto you.

    If the wealth you and your spouse shared is modest or minimal, perhaps you care less about this 9 month deadline than me.  On the other hand, you would be amazed how quickly life insurance and retirement benefits can turn your modest estate into “I wish I knew about the 9 month deadline”.

    Thus, if your spouse died in Minnesota, the first step is knowing there is a 9 month deadline.

    Step 2 if your spouse died in Minnesota

    If your spouse died in Minnesota, start contacting every insurance company and pension company you and your spouse did business with.  If you do not know how to contact an insurance company, start by seeking information from Minnesota’s Department of Commerce.

    If your spouse was working during the time they died, contact your spouses’ employer and ask for information on employee benefits your spouse might have signed up for.

     Step 3 if your spouse died in Minnesota

    If your spouse was receiving social security benefits, I recommend contacting the Social Security Administration.  If you have minor children, consider reviewing whether you and your family are eligible for survivor benefits offered through the Social Security Administration.

     Step 4 if your spouse died in Minnesota

    The next step is to make sure you and your family have continued health coverage.  If you and your family are in economic need of benefits, public benefits are available here.  If you are a mature adult, you are likely eligible for Medicare benefits, which can be found here.

    Otherwise, if your spouse died in Minnesota and you do not know what to do about health insurance, consider this resource as an outline for your options.

    Final step if your spouse died in Minnesota

    The final step is gathering important documents and financial papers.  For this step, consider using or buying folders having the capabilities of storing thick packets of information.

    In your first folder, place important documents before your spouse died.  For example, birth certificates, marriage license, and estate planning documents like a will, health care directive, military records, etc.

    In a second folder, place important documents you receive after your spouse died in Minnesota.  For example, a death certificate, bills that you receive in the mail, and any information specific to organ donations.

    Need more help?

    If your spouse died in Minnesota and you need help, please contact this law office.

  • How You Can Use a Legacy Letter to Talk From the Grave

    How You Can Use a Legacy Letter to Talk From the Grave

    In Minnesota, a legacy letter or ethical will should be a separate from your estate plan.  Yes, legacy letters or legacy videos are an excellent way to help families and loved ones carry on your legacy.

    However, if you only remembered one thing, do not allow your legacy letter or ethical will  to trump or negate an estate plan.

    What is a legacy letter?

    In general, a legacy letter outlines dates, events, and accomplishments you want to share with your alive and unborn family members.

    An ethical will can be a few paragraphs or equivalent to a novel titled War and Peace.  More recently, legacy letters are being turned into videos, put to music, and being posted on-line.

    A legacy letter does not take the place of your estate plan

    No, a legacy letter should never question or contradict an estate plan like your will or trust.  This means an ethical will should never incorporate a person’s thoughts or believes regarding the transfer of property or funding a trust.

    Also, an ethical will should never be used to assign parental rights, identify where organs should be donated, or include information about an end of life burial or celebration.

    Any document or video that contradicts an estate plan puts a person’s property and bank accounts at risk of being challenged in probate court.  This law office works with people and families to reduce or negate this risk.

    What do people include in an ethical will?

    Generally, an ethical will includes information like:

    • Your values and beliefs,
    • Life lessons,
    • Expressions of love,
    • Clarifying significant events, and
    • Talking about past generations.

    When should you create a legacy letter or ethical will?

    Even if you anticipate living for another 50 years, a person working through the estate planning process should consider the significance of a legacy letter.

    Resources to create or print a legacy letter

    Many individuals and families have used resources like Shutterfly or similar companies when printing a final version of a legacy letter or ethical will.

    Need help with your ethical will?

    Contact this law office if you have questions about an ethical will,

  • Is Your Drivers License Enough to make Anatomical Gifts

    Is Your Drivers License Enough to make Anatomical Gifts

    Anatomical Gifts in Minnesota are governed under Chapter 525A.  An Anatomical Gift is the process of donating all or part of your body.

    Forms for Anatomical Gifts

    As you know, your Minnesota drivers license has a space to allow for Anatomical Gifts.  Generally though, those passionate about this process prefer using a specific organ donation form created by a lawyer or a form sponsored by a specific hospital or non-profit.

    Yes, provided all other rules are complied with, a person can use a health care directive to make a donation.

    Other times, past Clients have preferred a form specifically designated to their organs to reduce sharing private information.

    Religion and Anatomical Gifts

    Yes, religion impacts a person’s decision on whether they want to donate an organ or their body at their death.

    In fact, it is very common for people to use a form to purposely express they do NOT want any part of their body donated before or after death.  For example, those sharing the Catholic faith often seek the opinion of their local Priest before making an informed decision on Anatomical Gifts.

    If you are Catholic, consider reading more about this process here.

    In Minnesota, who can make Anatomical Gifts?

    In Minnesota, a person can make anatomical gifts if they are:

    1. 18 years of age or older,
    2. A parent of a donor, 
    3. A donor’s guardian,
    4. An agent of a donor (using a health care directive), or
    5. A minor.

    If the donor is a minor (under the age of 18), then they can make anatomical gifts if they are either:

    • Emancipated or
    • At least 16 years of age and utilize a valid Minnesota drivers license.

    Are Anatomical Gifts impacted by the organ box on your Minnesota license?

    Yes, a driver license that expresses an intent to donate organs is a valid document.  This law office prefers to revoke statements found on a license and utilize a separate organ donation declaration.

    The reason this law office takes this approach is to reduce the likelihood a person or entity claims your drivers license is a leading authority.

    Can a person edit or change their Anatomical Gift?

    Yes, before a person dies, a person in Minnesota can always edit or change their wishes for an anatomical gift.  The best practice is using a signed document to revoke a previous donation.

    It is preferred to use a signed document that is witnessed by two adults of a sound mind and the said document is notarized.

    Can a person revoke an Anatomical Gift?

    Yes, before a person dies, a person in Minnesota can always revoke anatomical gifts.  The best practice is using a signed document to revoke a previous donation.

    It is preferred to use a signed document that is witnessed by two adults of a sound mind and the said document is notarized.

    Is there a list of authorized donor registries?

    Yes, The Department of Public Safety has a formal organ registry system for people to utilize.

    Help with making or waiving Anatomical Gifts

    If you need help making or waiving an anatomical gift, please contact this law office for help.

  • TALX, Equifax, and the Unemployment Devil

    TALX, Equifax, and the Unemployment Devil

    TALX and Equifax are a business in Missouri that helps businesses appeal unemployment claims. They seek this goal as an effort to reduce tax dollars.

    Of course, there are many smaller companies across the country who do the same thing. If you come across any of these hired gunners, proceed with caution.

    So, If you are appealing a claim for unemployment benefits and received notice your employer or former employer is represented by TALX, please consider seeking advisement.  

    Why is TALX and Equifax Bad?

    Maybe bad was the wrong word. Instead, maybe the word is evil. Even certain government agencies are blinded. I am sure TALX would disagree. Even Equifax would disagree. I guess where I stand is the impact I have seen thereafter.

    In my experience, TALX and Equifax will twist an event into an a storyline that isn’t true, while picking at a comma and period within an employer’s handbook. The bad part of this whole process is that many applicants are surprised when they hear this for the first time at their phone hearing.

    Luckily, there are strong reasons that allow applicants, employees, workers, managers, and everybody in-between to stand up for themselves and fight back.

    How Do You Find Out Who Represents The Employer?

    Generally, an Applicant seeking unemployment benefits will not find out about TALX or Equifax until the very last moment.  Sometimes. there are clues. Other times, Applicants must ask DEED for a list of witnesses prior to their hearing.

    In a perfect setting, the claimant seeking benefits will receive notice from the unemployment office in side their evidence packet.

    If you see a strange document from an unclear source, perhaps it was from an agent representing your former employer.  TALX is sometimes identified as TALX Employer Services or Equifax.

    Will Their Representative Be On the Phone?

    Sometimes yes and sometimes no. In other words, every person should be prepared as if their employer has representation, whether an attorney or otherwise. The otherwise, which I described herein, has caused lots of emotional harm to individuals trying to move forward from their job loss.

    Even if a TALX or an Equifax representative does not participate at the phone hearing, the mere submission of their documents, evidence, and rhetoric can cause problems without knowing how to respond.

    Yes, the rule that supports third party administrators or employer agents like TALX is supported under Minnesota Statute 268.103.

  • Stressing Over Probate e-Filing in Hennepin County

    Stressing Over Probate e-Filing in Hennepin County

    Looking for help to Probate e-Filing in Hennepin County?  Figuring out all of the forms necessary to submit a case to Probate Court is not a stress you and your family need right now.

    If you need help with a matter concerning probate, you found the right place.

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    Probate e-Filing in Hennepin County

    Unfortunately, e-filing is mandatory for everyone in Hennepin County, regardless whether you are doing this by yourself or as a lawyer.

    Hennepin County updated their registration process a short while ago, which leads me to the next question everybody asks.

    What is the e-filing and the process?

    E-filing is an electronic process used to file documents.  The e-filing court system is mostly implemented in Hennepin County and Ramsey County for civil filings.  Before 2013, e-filing was never required in Probate Court in any Minnesota County.

    First problem people face when seeking Probate e-Filing in Hennepin County

    One of the first problems a person will face when seeking Probate e-Filing in Hennepin County is a lack of computer experience.

    This is especially true for older people who are required to acquire an e-mail address to facilitate the e-filing process.

    Is the Probate e-Filing in Hennepin County public?

    Generally, anything submitted through the Probate e-Filing in Hennepin County process will become public knowledge.

    Unfortunately, this is true given Minnesota General Rule of Practice 11.

    Second problem people face when seeking Probate e-Filing in Hennepin County

    The second problem people sometimes face when working through the Probate e-Filing in Hennepin County process is the fact every document needs to be filed separately.

    In other words, the system does not support combining multiple forms into one document or pdf file.

    How do you sign documents when seeking Probate e-Filing in Hennepin County

    Yes, documents filed electronically can be signed by using /S/.  In the opinion of this law office, this is a huge area for potential fraud.  Thus, approach each form with care.

    Where to find Minnesota probate forms

    If you are looking for probate forms to help you with the Probate e-Filing in Hennepin County process, this law office highly recommends these resources:

    1.  Minnesota’s law library,
    2. Minnesota’s Court Forms website, or
    3. You can buy forms from Miller Davis Company.
  • My Cardboard Box vs. Your Revocable Trust in Minnesota

    My Cardboard Box vs. Your Revocable Trust in Minnesota

    A revocable trust in Minnesota is not a document solely for the rich or wealthy.

    Yes, a revocable trust is a fantastic way to reduce stress in your family and reduce the possibility of having your affairs managed by a probate court.

    Minnesota has very specific rules governing trusts.  If you need help or have questions about a revocable trust in Minnesota, contact this law office for help.

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    What is a Revocable Trust in Minnesota?

    But wait, what is it?  Keeping it simple, a revocable trust in Minnesota is a document that acts much like a cardboard box.  A revocable trust allows you to put your “stuff” in a box and hand deliver or distribute it among your friends and family when you are no longer able to think on your own behalf or when you die.

    Sticking to my box example, a revocable trust is an opportunity to move your stuff without needing a moving company like a probate court.

    Still confused?  Revocable trusts in Minnesota are documents used to transfer assets to friends, family, and entities without requiring your assets to be reviewed or managed by a Court.  The use of a revocable trust keeps your distribute private and is implemented at your command.

    Is a revocable trust in Minnesota complicated?

    Your revocable trust can be as simple or as complicated as you desire.  For example, some people want their stuff or assets divided equally among their children or grandchildren.  Other people, like Coach Dean Smith, prefer to add details like paying for a dinner in their honor.

    Yes, a person can have a revocable trust in Minnesota.  However, a “trust” can mean many different things because they are documents used to describe a specific goal or process.

    Yes, the most common type of trust is a Revocable Trust in Minnesota.  However, people sometimes inquire about an irrevocable trust and or a special needs trust.  If you have questions about the differences, please contact this law office for help.

    What is the hardest part about a revocable trust?

    The hardest part about a revocable trust in Minnesota is funding the trust.

    Continuing with the analogy above, funding a revocable trust is the actual process of placing your stuff inside the box.  Generally, a person seeks help building the box.  The person in charge of placing your stuff inside the box can be you, your accountant, an attorney, etc.

    How do you fund a revocable trust in Minnesota?

    I may have simplified the funding process in 3 simple steps. That said, the process depends on the asset.  

    For example, adding your car to a revocable trust is different than adding a bank account to a revocable trust.

    Also, a person will not necessarily put all of their assets into a Minnesota revocable trust because of tax consequences or to prevent their stuff from being distributed among other assets.

    How long does it take to write a Revocable Trust in Minnesota?

    The time required to draft, edit, and for a Client to formalize a revocable trust largely depends on a person’s organization.  Some people are able to identify their assets very easily while others have not visited their bank for many years.

    On the other hand, if a person is experiencing a medical issue, the process to draft, edit, and formalize a revocable trust in Minnesota should be expedited.  Yes, it is very common for this law office to expedite the drafting process to accommodate the health of a Client.

    How many beneficiaries can you list in a revocable trust?

    Here is another wonderful benefit to a revocable trust versus not having a revocable trust – you can pick as many people (young and old) and entities (your Church, a park, scholarship fund, charitable organization, etc.) as you wish.  Also, a revocable trust helps keep your wishes private.

    However, if you do not have a revocable trust, your affairs may become public upon being distributed by a probate court.

    Do you need an attorney to create a revocable trust?

    This law office is biased.  Yes, it is my opinion you should contact a lawyer to draft your revocable trust in Minnesota.

    Given the legal rules and laws applicable to revocable trusts, keep it simple and don’t create more headaches for your family and friends.

  • This is my First Time Collecting Unemployment in Minnesota

    This is my First Time Collecting Unemployment in Minnesota

    Are you filing for unemployment for the first time in Minnesota?  Good!  Really, this is a process you do not want to encounter on a regular basis.

    On the other hand, do not be discouraged or frightened by the process for seeking benefits.

    Instead, look at it this way – you are doing the right thing by trying to education yourself.

    Thus, if you need help filing for unemployment for the first time in Minnesota, please consider contacting this law office for help.

    Step one when Filing for Unemployment for the First Time in Minnesota

    Look, this process can be complicated.  Sometimes, people end up appealing their claim for benefits after they file for the first time.  The very first step you should take is writing down and or taking notes of the process that led to your job ending.

    For example, if you remember having a conversation with your manager or recall being given a document to sign, you should write down what was said, who said it, and what you recall your response being.

    Thus, step one in filing for unemployment for the first time in Minnesota should be writing down notes on what you recall being told or what you recall being said that led to your job ending.

    Step two in Filing for Unemployment for the First Time in Minnesota

    Your second step should be requesting from your employer, in writing, the reason for your discharge and a copy of your entire employment file.  You have the right to review your employment file under Minnesota rule 181.961.

    You have the right to get the reasoning behind your job ending under Minnesota rule 181.933.  Please note, your letter needs to be sent by mail.  In other words, it cannot be by fax or e-mail.

    But wait – you know why your job ended?  It doesn’t matter whether you know the exact reason or not – you need to find out whether your former employer agrees with your understanding and or if your former employer will change their story.

    Because your right to receive specific information referenced above about the reason for your discharge is time sensitive, take this step very seriously.

    What if you cannot wait and need to being filing for unemployment right this minute?

    Well, if you cannot wait – then this law office encourages you to contact a lawyer and ask them to review your situation.  Even better, share your story and ask for help in filling out the application for unemployment benefits.

    In case it isn’t obvious, what you write down in your application when seeking and filing for unemployment for the first time in Minnesota could have a significant impact on whether you get benefits.

    Thus, you desperately need to take the application process seriously and not fill it out the second you walk away from your last job.

    What should you put in your application when filing for unemployment in MN?

    Yes, what you write and how you answer questions specific to your initial application really does matter.  What you write depends on the law, not what you think the law is.

    Thus, consider having your case reviewed by  lawyer BEFORE filling out your application.