IAJ Law, LLC

Author: Jasper Berg, J.D.

  • Denied Unemployment for 34 Jobs

    Denied Unemployment for 34 Jobs

    Getting denied unemployment benefits calls for an appeal.  Unfortunately, there are 34 jobs that always get denied because Minnesota views them as “noncovered employment“.

    When the issue presents its self, I believe workers, employees, and executives should always argue why their job is “covered employment”. Nonetheless, here are 34 jobs that typically get denied unemployment benefits until proven otherwise:

    List of Denied Jobs for Unemployment

    This list comes from a poorly drafted Minnesota law. Luckily, Minnesota has other laws that favor awarding benefits. Nonetheless, here are a few areas that cause problems:

    (1) Employment for the United States government or an instrumentality thereof, including military service;

    (2) Employment for a state, other than Minnesota, or a political subdivision or instrumentality thereof;

    (3) Employment for a foreign government;

    (4) Employment covered under the Federal Railroad Unemployment Insurance Act;

    (5) Employment for a church or convention or association of churches, or a nonprofit organization operated primarily for religious purposes that is operated, supervised, controlled, or principally supported by a church or convention or association of churches;

    (6) Employment for an elementary or secondary school with a curriculum that includes religious education that is operated by a church, a convention or association of churches, or a nonprofit organization that is operated, supervised, controlled, or principally supported by a church or convention or association of churches;

    (7) Employment for Minnesota or a political subdivision, or a nonprofit organization, of a duly ordained or licensed minister of a church in the exercise of a ministry or by a member of a religious order in the exercise of duties required by the order;

    (8) Employment for Minnesota or a political subdivision, or a nonprofit organization, of an individual receiving rehabilitation of “sheltered” work in a facility conducted for the purpose of carrying out a program of rehabilitation for individuals whose earning capacity is impaired by age or physical or mental deficiency or injury or a program providing “sheltered” work for individuals who because of an impaired physical or mental capacity cannot be readily absorbed in the competitive labor market. This clause applies only to services performed in a facility certified by the Rehabilitation Services Branch of the department or in a day training or habilitation program licensed by the Department of Human Services;

    (9) Employment for Minnesota or a political subdivision, or a nonprofit organization, of an individual receiving work relief or work training as part of an unemployment work relief or work training program financed in whole or in part by any federal agency or an agency of a state or political subdivision thereof. This clause does not apply to programs that require unemployment benefit coverage for the participants;

    (10) Employment for Minnesota or a political subdivision, as an elected official, a member of a legislative body, or a member of the judiciary;

    (11) Employment as a member of the Minnesota National Guard or Air National Guard;

    (12) Employment for Minnesota or a political subdivision, or instrumentality thereof, of an individual serving on a temporary basis in case of fire, flood, tornado, or similar emergency;

    (13) Employment as an election official or election worker for Minnesota or a political subdivision, if the compensation for that employment was less than $1,000 in a calendar year;

    (14) Employment for Minnesota that is a major policy-making or advisory position in the unclassified service;

    (15) Employment for Minnesota in an unclassified position established under section 43A.08, subdivision 1a;

    (16) Employment for a political subdivision of Minnesota that is a nontenured major policymaking or advisory position;

    (17) Domestic employment in a private household, local college club, or local chapter of a college fraternity or sorority, if the wages paid in any calendar quarter in either the current or prior calendar year to all individuals in domestic employment totaled less than $1,000.

    (18) Employment of an individual by a son, daughter, or spouse, and employment of a child under the age of 18 by the child’s father or mother;

    (19) Employment of an inmate of a custodial or penal institution;

    (20) Employment for a school, college, or university, by a student who is enrolled and whose primary relation to the school, college, or university is as a student. This does not include an individual whose primary relation to the school, college, or university is as an employee who also takes courses;

    (21) Employment of an individual who is enrolled as a student in a full-time program at a nonprofit or public educational institution that maintains a regular faculty and curriculum and has a regularly organized body of students in attendance at the place where its educational activities are carried on, taken for credit at the institution, that combines academic instruction with work experience, if the employment is an integral part of the program, and the institution has so certified to the employer, except that this clause does not apply to employment in a program established for or on behalf of an employer or group of employers;

    (22) Employment of university, college, or professional school students in an internship or other training programs with the city of St. Paul or the city of Minneapolis under Laws 1990, chapter 570, article 6, section 3;

    (23) Employment for a hospital by a patient of the hospital. “Hospital” means an institution that has been licensed by the Department of Health as a hospital;

    (24) Employment as a student nurse for a hospital or a nurses’ training school by an individual who is enrolled and is regularly attending classes in an accredited nurses’ training school;

    (25) Employment as an intern for a hospital by an individual who has completed a four-year course in an accredited medical school;

    (26) Employment as an insurance salesperson, by other than a corporate officer, if all the wages from the employment is solely by way of commission. The word “insurance” includes an annuity and an optional annuity;

    (27) Employment as an officer of a township mutual insurance company or farmer’s mutual insurance company under chapter 67A;

    (28) Employment of a corporate officer, if the officer directly or indirectly, including through a subsidiary or holding company, owns 25 percent or more of the employer corporation, and employment of a member of a limited liability company, if the member directly or indirectly, including through a subsidiary or holding company, owns 25 percent or more of the employer limited liability company;

    (29) Employment as a real estate salesperson, other than a corporate officer, if all the wages from the employment is solely by way of commission;

    (30) Employment as a direct seller as defined in United States Code, title 26, section 3508;

    (31) Employment of an individual under the age of 18 in the delivery or distribution of newspapers or shopping news, not including delivery or distribution to any point for subsequent delivery or distribution;

    (32) Casual employment performed for an individual, other than domestic employment under clause (17), that does not promote or advance that employer’s trade or business;

    (33) Employment in “agricultural employment” unless it is “covered agricultural employment” under subdivision 11; or

    (34) If employment during one-half or more of any pay period was covered employment, all the employment for the pay period is covered employment; but if during more than one-half of any pay period the employment was noncovered employment, then all of the employment for the pay period is noncovered employment. “Pay period” means a period of not more than a calendar month for which a payment or compensation is ordinarily made to the employee by the employer.

    Denied Unemployment for Noncovered Jobs

    If you were denied unemployment because of a non-covered job, please reaching out for support.

  • Dress Right Dress Your Estate Plan

    Dress Right Dress Your Estate Plan

    As you know, dress right dress is a marching command.  Behind attention and at ease, dress right dress is one of the first marching commands we learned in the military.  Do you remember it’s meaning?

    The dress-right-dress command is simple:  are you lined up with what is next to you?  As easy as it might be, wow…I saw a lot of people get smoked for failing to look right.

    Anyways, let’s use this simple command (minus the folks who are getting PT-ed as we speak and apply it to our life as it stands today.

    Dress Right Dress Your Estate Plan

    Before you ship out to Heaven, can you please organize your docs in a specific spot?  Otherwise, your family is stuck waiting for a statement in the mail.  Unfortunately, if you opted out of your monthly statement, the wait might be even more problematic.

    You already know this, but I will share it anyways.  The idea of putting things in order is critical for our children and spouse.  Usually, a spouse can pick up the pieces if this issue gets breached.  Our children, not so much.

    Dress Right Dress Your Home

    It blows my mind how many people are willing to send money to a mortgage company and they fail at filling out a transfer on death deed.  Obviously, these types of forms require a specialized knowledge.  But, they are usually very inexpensive and a lifesaver when crisis mode turns into a funeral.

    Dress Right Dress Your Beneficiary Forms

    If you took one of my community education classes, you already know this.  For those who haven’t, here it is one more time: beneficiary forms usually trump a will.  Even those amongst us who are avoiding a will can agree that acquiring copies of beneficiary forms is easy peasy.

    Finally, if need help with your dress right dress, I am here.

  • Estate Plan Crisis Mode And Tearing Apart the House

    Estate Plan Crisis Mode And Tearing Apart the House

    Crisis mode is different for every family.  Minus the few who handle illness and death with ease, a crisis can cause panic and confusion.  I believe in helping our loved ones with the following process:

    • Create a loud colored binder for every member of the family
    • Place each binder on an accessible shelf
    • Use when needed.

    Crisis Mode:  Loud Colored Binder

    Estate Binder
    Estate Binder

    Some of my favorite loud colored binders are yellow, lime green, orange and red.  The idea is simple.

    Look for my yellow binder…it is near my bed“

    or

    My social security card is in my orange binder“

    In other words, I believe folks need an identifiable spot that keeps our most important documents.

    Crisis Mode:  Binder for Every Family Member

    In all honesty, I am being picky.  But, as people (young and old), everybody has a different plan.  Even when our plan is the same as our spouse, the plan is still unique to us as a person.

    For this reason, I like the idea of maintaining a file for each person.  This might include:

    • Birth Certificate
    • Social Security Card
    • Marriage Certificate
    • Health Care Directive
    • Power of Attorney
    • Will
    • Standby Guardian Authorization
    • Beneficiary Forms
    • Trust Documents
    • Veterans Forms
    • Divorce Decree
    • Funeral Directive

    Again, everybody’s binder will be different.  The whole idea of having an organized spot for each family member is this: when a crisis hits, nobody wants to drag around documents that do not pertain to our loved one.

    Crisis Mode:  Use When Needed

    Unfortunately, I am speaking from personal experience.  When something goes wrong or a person is unexpectedly in the hospital, it is difficult to think clearly.  Even worse, a lot of family members fail at finding a specific document without tearing apart a home.

    In my experience, this can be avoided by talking and planning.  Thus, I like the idea of having a binder that is accessible when needed and organized accordingly.  

  • Wages: Unemployment Tip #009

    Wages: Unemployment Tip #009

    Wages and unemployment benefits go hand-in-hand. The more money an employee earned, the more in unemployment benefits they can receive.

    Sometimes, this is where workers who get a 1099 or those collecting tips get stuck fighting backpay issues.

    That aside, here is the tip:

    Unemployment Tip # 009 –  Applicants should always be watching their mailbox for opportunities to appeal a wage determination, which does not necessarily appear online under an applicant’s benefit account”  

    Unemployment Lawyer

    Unemployment Help

    Contact Now

    In other words, after a worker or employee applies for benefits, likely they will receive a statement in the mail. Usually, the statement will show a breakdown of wages over the last four to five quarters.

    If DEED’s statement is wrong, Applicants might need to consider the pros and cons of filing an appeal.

  • 8 Ways to Make an Estate Gift to Your Church

    8 Ways to Make an Estate Gift to Your Church

    Patrons wishing to make a gift to their church are running into problems when they try to incorporate wishes into an estate plan.  Luckily, there are some strong alternatives.

    Legal Forms to Help Gift to a Church

    Generally, an estate plan can utilize eight (8) different ways to make a gift to your Church.  Unfortunately, each method or form can bring with it a different set of problems.

    8.  Prayer,
    7.  Your time,
    6.  Cash gift before death,
    5.  Transfer on death deed,
    4.  Beneficiary forms,
    3.  Irrevocable trust,
    2.  Revocable trust, and
    1. Will

    Estate Gifts versus Tithe or Tithing

    I hope this doesn’t happen to your family, but entering an ICU or long term nursing care facility can really drain one’s assets.  In my experience, identifying a specific cash donation within a will or trust is a poor plan.  For one, nobody really knows how much we will have when we die.

    Instead of adding an exclusive cash gift, I like the idea of designating a strict percentage.  For example, I bequest five percent (5%)….to ___________.  For some, the idea percentage is a set percentage called tithing.

    Again, if we are lucky to die with assets, then contributing a specific percentage is easier to manage and is less likely to make life difficult for a Personal Representative.

    Best and Worst Way to Gift to a Church

    There isn’t a best way to make a gift to a church.  If folks are able, then great.  If they cannot, then that is okay too.

    That said, there are a few methods of gift giving that I discourage.

    The first method I discourage folks from making is the process of gifting their home.  Quite frankly, very few churches want to manage real estate.

    Personally, I like the idea of granting a Trustee an opportunity to sell a residence on behalf of a person and using the proceeds as desired.  In other words, making it easy on a Church to accept a cash gift versus a home.

    The second method I discharge folks from making is the process of making a church or a pastor an executor.  Again, most folks would agree that a church is by our side for spiritual guidance versus the estate transfer process.

    Thus, if gifting to a church is what a person desires, make the process easier by using a trust or will.

    If you need help with this process, please contact me.

  • Appealing An Unemployment Claim With Snake Oil

    Appealing An Unemployment Claim With Snake Oil

    Snake oil is a medical term that means of little value.  In other words, a treatment that offers little value is viewed as snake oil.

    Likewise, I use the term snake oil when I hear unemployment appeal strategies unsupported by a sound legal rule or principal.  Unfortunately, thinking we are right is snake oil.  Pointing to a rule under Chapter 268 that supports a specific event is much more effective process.

    Snake Oil:  Unemployment Sources

    Unfortunately, we can find many sources of unemployment snake oil.  This includes spouses, siblings, friends, parents and former co-workers.

    Look, most people in our life want the very bests for us.  Sometimes, this means agreeing with an anecdote supported by love versus sound rules of law.

    Snake Oil and Being Objective

    Most folks who contact me about an unemployment issue are trying to figure out whether they have a case.  I agree with this strategy.  Determining whether a claim is valid or invalid means finding a rule that supports an event.

    Sometimes, selecting a legal strategy is easy.  Although it can be difficult to share with another person that Minnesota’s unemployment laws do not support a discharge, determining whether a person has other options, like finding another way to become eligible for benefits, brings me great satisfaction.

    Thus, one of my many jobs is to offer objective advisement.  Please avoid drinking snake oil and contact me directly.

  • Estate Documents Ranked

    Estate Documents Ranked

    In one of my recent community education classes, I was asked to rank my favorite estate documents.  Thus, here we go…

    Really though, I think the issue was more about money than actual estate documents.

    In other words, if I had a limited budget and I needed to use my resources wisely, which documents would I desperately need?  Minus my first reaction – all of them, here are my thoughts:

    Estate Documents Ranked #5 – Revocable Trust

    Because a trust document is a lengthy and tedious process, I am ranking trust documents number five verses number one.  But, their effectiveness is off the charts.

    A long long time ago, people started using wills to make sure their stuff was passed along easily and effectively.  Those days are gone.  Today, one of the most effective tools is a revocable trust.  Your grandparent’s estate planning methods are out of date.  If you are a grandparent, making an update can make holiday gatherings fun again.

    My point is this:  because a trust helps families reduce the risk of probate and it grants a trustee an opportunity to manage our affairs while we are still alive, I believe a trust is absolutely one of the best documents in any plan.

    #4 – Transfer on Death Deed

    My fourth estate documents ranked are transfer on death deeds or TODD.  In practice, this document is awesome because it instantly transfers property titles to another person or beneficiary.  Sometimes, eve more than one beneficiary.

    On the other hand, drafting a legal description and using the right conveyance form makes this process difficult for families needing help.

    Nonetheless, because this type of document trumps a will and our number one asset is often a home, I ranked transfer on death deeds higher than a traditional will.

    #3 – Health Care Directive

    When I am sick or unable to talk for myself, I like the idea of making sure my loved can make health decisions on my behalf.  Luckily, a health care directive or living will can do just that.

    I am in favor of making sure my affairs are straight when I am dead, so the burden imposed on my family is less.  But, I like the idea of focusing on my own well being while I am alive.  This is especially true when I introduced to an unexpected emergency.

    Thus, I like the idea of ranking living wills as my third favorite estate planning document.

    #2 – Power of Attorney

    A lot of people are surprised when their spouse cannot make certain transactions on behalf of their partner, without being granted a power of attorney.  Luckily, this risk can be accounted for by using a free form linked below.

    Yes, one of the most powerful documents we can put our signature on is a Power of Attorney form.  Some people are scared of this.  Others, use it to their advantage.  Obviously, every person is different and they should seek advisement exclusive to their situation.  That said, it is worth the effort of reviewing what this type of document might look like.

    Since Minnesota introduced a free power of attorney form, I encourage many folks to select their attorney-in-fact wisely, while ensuring certain household events are easily cared for:  house payment, buying groceries, assessing my checking account, etc.

    Even more significant, a power of attorney can be used if or when I am incapacitated, which puts me at ease.

    #1 – Beneficiary Forms

    My number one estate documents ranked are beneficiary forms attached to financial accounts (IRA, 401K, 403b, etc.).  Usually, these types of documents are readily available, are easy to fill out and offer instant relief.

    In many circumstances, a beneficiary form will trump directions outlined in a will or trust.  Because they are so effective, anybody failing to update their beneficiary form is creating a huge mess or forcing their family to seek relief in probate court.

    In addition, I like the idea of gathering copies of my beneficiary forms and having them available.  In other words, I keep copies of beneficiary forms with my other important documents.  In theory, this will help my loved ones with an easier transition upon my demise.

    Estate Documents Ranked – Honorable Mentions

    Of course, there are many other resources that families and veterans should consider when creating an estate plan.  Thus, here are a few resources and documents that folks are using:

    • Minnesota’s Attorney General’s feedback on Estate Planning
    • Pour Over Will
    • Funeral Directive
    • Certificate of Trust
    • Standby Guardian for a Child
  • Employment Misconduct in Minnesota Means Just About Anything

    Employment Misconduct in Minnesota Means Just About Anything

    Employment misconduct is a phrase used with unemployment benefits in Minnesota.  As you will see, it can mean just about anything. As a result, how events are described is a critical takeaway for applicants to consider.

    In my experience, workers, employees, managers and executives focus way to much energy on why they didn’t do anything wrong versus what they did right.   Focusing on what an applicant or employee did right is sometimes a very strong strategy when trying to win an appeal for benefits.

    Because misconduct in an employment setting is a phrase used by people who do not understand it, I prefer to focus on what isn’t employment misconduct.

    Even more importantly, there are 10 things that are not employment misconduct.  In other words, if a person in MN gets fired or discharged because their actions can be defined as so, then very likely, that same person is on the right track for benefits.

    Unfortunately, there are thousands of cases (or a legal precedent) that define this list of 10.  Knowing this list is important.  Knowing how Minnesota further defines this list is even more important.

    None the less, I want to introduce these ten things because they can help inspire a successful appeal for unemployment benefits.

    Employment Misconduct – The List of 10

    Here are the 10 things, in no particular order,  that are not considered employment misconduct:

    1. Medical or Mental health Issues
    2. Inadvertence
    3. Unsatisfactory Conduct
    4. Reasonableness
    5. Inability
    6. Good Faith
    7. Absence because of an Illness
    8. Absence because of a Family Member
    9. Chemical Dependency
    10. Domestic Abuse

    Fired Because of Medical issues

    Generally, a person who is fired from their job because their work was impacted by a medical or mental health issue can become eligible for unemployment benefits.

    Of course, every medical and mental health issue is not treated the same.  For this reason, this issue usually requires a nexus between the health issue and the event(s) that led up to the employee’s termination.

    Also, a lot of applicants incorrectly identify this issue and end up disqualifying themselves because their future work is impacted by a medical issue too.  Again, this is a complicated term.

    Inadvertence is Not Employment Misconduct

    The term inadvertence means something different to nearly every employer.  In my experience, the priority of expectations will usually be the number one contributing factor to a challenge due to inadvertence.

    As you might expect, an argument in favor of inadvertence isn’t the strongest approach, but it can work because the law supports it.

    Employment Misconduct in MN doesn’t include Unsatisfactory Work

    A lot of folks think work satisfaction is production based.  In other words, if I produce something and my employer doesn’t like it, I must have produced unsatisfactory work.

    Wrong.  Unsatisfactory work has nothing to do with production and everything to do with expectations.  This means a worker, employee, executive or whomever needs to identify an expectation and prove how it was exceeded.

    Unfortunately, a lot of applicants become frustrated when their employers lie about expectations.  For this reason, finding tangible evidence can become increasingly important.

    Acted Reasonable is Not Employment Misconduct

    I cringe when folks talk to me about reasonableness because they usually have no idea that acting reasonable requires specific examples of past interactions or supporting a specific thought process.

    Saying an event was reasonable usually doesn’t stick until the event is compared to past events or past experiences with other staff, customers, or situations.

    Nonetheless, showing why an action was done in a reasonable manner can have a very powerful outcome for folks appealing their unemployment benefits.

    Inability is Not Employment Misconduct

    Like I mentioned above, the term employment misconduct is defined by thousands of court cases.  In my experience, inability can mean a number of things:  lack of skill, lack of training, lack of understanding and work overload.

    Sometimes, applicants confuse inability with indifference or a lack of attention.  Nonetheless, this is one of the ten ways a person can prove why they should be eligible for benefits in Minnesota.

    Getting Fired When Acting in Good Faith

    Good faith and reasonableness have a lot in common.  If worker can outline a specific process and back it up with experience, expertise, knowledge or valid communications, then this issue becomes less complicated.

    On the other hand, acting in good faith while using poor judgment can create problems for applicants appealing their unemployment claim.

    Is Being Absent from Work, Employment Misconduct?

    The difference between being absent from work and abandoning one’s job is huge.  As you might expect, employers need to keep their business running.  When they cannot depend on a person or a person does not show up for work, employers are often left with little choice.

    But, just because an employer doesn’t have a choice, doesn’t mean a worker is automatically ineligible for unemployment.

    Instead, when employees can prove bad luck, acts of God or an event that the employee did not have control over, then folks have a promising case.

    But, communication is key.  Calling into work and sharing bad news, bad luck, etc. always looks good.  Certainly, I have seen plenty of people who have had such bad luck, they didn’t have access to a phone or cell phone.  Yes, even in modern times, people are unable to reach a phone.

    Fired for Drugs or Alcohol

    The employment misconduct rules in Minnesota are very supportive of folks with drug and alcohol issues.  Where drugs and alcohol turn into a problem for ineligible is when a worker is required to drive or use heavy equipment.  Again though, there are many legal theories around this too.

    Domestic Abuse is Not Employment Misconduct

    A long, long, time ago, I had a Client who was discharged because they were injured from a domestic abuse situation.  What made their case troublesome was the fact they were unwilling to talk about it openly and they were afraid to seek help from the police.

    In my experience, this is more often the rule than the exception.   Sometimes, workers can use the medical and mental health issue referenced above to assist their cause without risking their own safety.  Other times, this isn’t possible.

    For those needing help with this issue or any issue listed above, I like the idea of making sure a person is comfortable with the process before proceeding.

    Appealing Employment Misconduct

    Yes, seeking an appeal is worth the effort.  If you are appealing unemployment benefits after being told in a letter that the unemployment office thinks your actions were employment misconduct, please contact me directly.

  • Social Security For Veterans: The Faster Way

    Social Security For Veterans: The Faster Way

    Social security for Veterans who are not retired is a very common issue.  In fact, I wish more veterans who have a disability would file and seek social security benefits.

    The intent of this post is to point out a special rule military veterans with a 100% permanent and total (P and T) disability rating.  The rule is simple:  vets with a hundred percent disability rating can seek an expedited claim process for social security benefits.

    For the military veterans who do not have a 100%  disability rating, don’t give up.  Seeking SSDI benefits is a worthwhile process and appealable too.

    Veterans With a 100% P and T Disability Rating

    Whether a Vet files a claim online, by phone, or using a paper application, every applicant seeking benefits should be:

    • Identifying themselves as a Veteran
    • Adding a special remark to their paper application, and
    • Attaching and submitting their VA award letter.

    Social Security for Veterans:  How Long Does it Take?

    Every case is different and there is not a black and white answer.  However, military veterans who have an organized claim with supporting documents from their medical doctor seem to have the most success.

    Sometimes, the Social Security Administration will send a military veteran to a government doctor for an examination.  If possible, having a diagnosis and prognosis outlined by a medical doctor or VA doctor beforehand offers the veteran a better opportunity to acquire an approved claim.

    Social Security for Veterans:  Another Trick to the Process

    In my experience, when SS looks at a Veteran’s claim, they are looking for two facts:

    • The military veteran is unable to work, and
    • The vet has a severe impairment.

    When Social Security reviews the issue about a severe impairment, consider one of these two tests:

    • The impairment is going to last for more than a year, or
    • the impairment that will result in death.

    Veterans Filing Social Security Claims

    Again, there are three ways a military veteran can file a disability claim for Social Security:

    • Apply online HERE,
    • Calling the SSA at 800-772-1213, or
    • Visiting the nearest social security office.

    Social Security for Military Veterans

    Veterans who run into road blocks on their VA claim or social security claim can file an appeal.  If you need help with this process, please contact me directly.

    I wish you the very best.

  • Phone Appeal Hearing: Tip #008

    Phone Appeal Hearing: Tip #008

    Your phone appeal can be successful when you know the type of records you can acquire before your unemployment hearing.

    Having a successful game plan for an unemployment appeal hearing is really important.  After filing an appeal, more questions will arise. For example, the unemployment office will probe on the reasoning for the job ending.

    Elementally, all applicants must weigh the type of evidence needed to win the hearing. The next unemployment tip is as follows:

    Unemployment Tip # 008 –  Before going into an unemployment phone appeal hearing ice cold, acquire copies of performance reviews, handbooks and anything else (like one’s entire personnel file). This can be accomplished by using Minnesota statute 181.961.”  

    In other words, applicants seeking benefits in Minnesota can obtain documents from their employment file. In fact, employers must abide by the request. This can be helpful, especially when combating a lie or misreported event.

    Other times, employees might consider using records to prove their eligibility and or establish credibility.

  • The Difference Between VA Form 22 and VA Form 21-22a is Huge

    The Difference Between VA Form 22 and VA Form 21-22a is Huge

    The difference between VA Form 22 and VA Form 21-22a is as easy as determining whether the Veteran wants an attorney or a Service Officer to represent them during an appeal.

    VA Form 22 is used when a Veteran wants a Service Organization, like the VFW, to represent them.  VA Form 22a tells the VA an attorney is representing the Claimant.

    Why is VA Form 22 Important?

    One of the reasons this VA form is so critical is the fact it helps clarify when and where notices are sent.  In other words, when the VA contacts a military veteran by mail, where should the mailing go?

    Second, this form helps clarify who can speak or file documents on behalf of the Veteran.  If a Veteran’s representative fails to submit one of the above mentioned forms, a filing might go unrecognized.

    As you know, VA benefits are a serious matter.  In my personal and humble opinion, I like the idea of retaining an attorney versus a service organization because VA benefits are supported and protected by federal laws.  As an attorney, I work with laws, rules and the legal process on a daily basis.  Even though service organizations do great work, consitutional provisions and due process isn’t necessarily their strong suit.

    When Can Veterans Use VA Form 22?

    A Veteran can retain a lawyer or service group at any point before or during their appeal process.  In some cases, veterans hire attorneys after their appeal has expired.  But, this is a topic for a different day.

    Regardless, here are links to these forms, which I encourage every Veteran or family member to review:

    • Veterans wishing to hire a service organization can use VA Form 22
    • Veterans wishing to hire an attorney can use VA Form 22-a.

    Replacing VA Form 22 and VA Form 22a

    Yes, these forms can be used to change and revoke a representative.  Even more important, these VA forms can be changed, edited and updated on a regular basis.

    For the Veterans claiming they are not getting mail from the VA, likely updating one of these forms will improve the flow of information.

    If you have questions or need help, please contact me directly.

  • Unemployment Luck: Tip #007

    Unemployment Luck: Tip #007

    Recently, I have worked with a number of applicants trying their hand at being lucky.  In other words, leaving their appeal up to chance.  For this reason, I believe the unemployment tip referenced below is going to save people from making a bad choice.

    Unemployment Tip # 007 –  Being lucky versus good is a horrible strategy.  Instead, assume the unemployment law judge is not looking out for the Applicant’s best interest and know which rule proves one’s eligibility.”  

    In other words, hoping an ULJ will pick the right law to grant benefits is a loosing strategy.  Instead, focus on the strongest argument favoring benefits.

  • Interview for the Unemployed, Tips and Thoughts

    Interview for the Unemployed, Tips and Thoughts

    An interview for the unemployed is stressful.  Answering questions about a job loss makes this process even more difficult.   This is especially true when a person does not know how to classify the events that led up to their job ending.

    Because most folks who contact me are unemployed, I am very familiar with this type of anxiety.

    Being Scared about the Unemployment Label

    No, I do not think workers should be scared of referring to their job loss as a lay off.  Really, what alternative do we have?  It happened and now we need to move on, right?  On the other hand, we cannot make the situation worse by falling for a trap.

    For one, a layoff and getting fired is practically the same thing.  The distinction people get stuck on, are the words and events that led to their job ending.

    Whether an employer is honest or they stretch the truth to avoid unemployment taxes imposed by Minnesota, is not a problem or issue a person should bring to their next interview and job.  Please read on, for more tips.

    Interview For the Unemployed Worker:  Resume

    Personally, I like to see people focusing more on their skills and talents within a cover letter, resume or application than a negative.

    First, time and space is of the essence.  Second, the interview process is likely the better venue for discussing a job loss.  Third, a person gets hired based on their talents.  You already know this, but I will say it always: focus on your positive attributes instead.

    Applications for Unemployed Workers in Minnesota

    Surprisingly, I meet with a lot of people who cannot wait to fill out a job application and use their past employer as a reference or summarize a storyline that led to their job ending.  Don’t do this!

    Would a divorced person encourage a potential date to ask their ex-souse questions about a past marriage?  Of course not!  Your divorced?  Ok, lets move on.  Likewise, I believe the same is true for folks filling out applications and work past the unemployment process.

    That said, a person who is divorced shouldn’t lie about being married.  And, job applications shouldn’t lie about having a past job.

    The trick is keeping it simple.  In my experience, a lot of employees, workers, managers or whatever, are able to state with a clear conscious that their job ended because they were laid off.  Period.  When the situation is more complicated, I think seeking help is highly encouraged.

    Unemployed Workers Getting Interviewed

    Every person who has suffered a recent job loss (quitting or otherwise) should take their unemployment benefits seriously to assist in their transition.  After that, focus on acquiring an interview.

    The difference between a bad interview and a great interview is preparation.  Unfortunately, unemployed workers are failing at the interview question about their job loss.  Sometimes, future employers use “why do you want this job” as another way of asking about your job loss.  Do not fall for this trap.

    Luckily, you read this article and contacted me directly.  Limiting an answer to a lay-off is so much easier than talking about a bunch of events which only a significant other and an attorney should know about.  Perhaps you agree.

    Either way, I wish you the very best.

  • Evidence for Unemployment: Tip #006

    Evidence for Unemployment: Tip #006

    Evidence for unemployment can take on many different forms. For some, this means seeking a positive review, while others want copies of a video tape. That said, don’t underestimate the power of the spoken word.

    Unemployment Tip # 006 –  An Applicant’s testimony can sometime be more important than other forms of evidence, like a document, e-mail, etc.  When faced with an appeal, verbalizing facts in a precise order can help Applicants win their appeal.”  

    Unemployment Lawyer

    Unemployment Help

    Contact Now

    After pinpointing one’s own testimony, then start the process of collecting evidence.  Perhaps this means making a decision about a subpoena. Either way, here are a few examples of evidence:

    • An employee handbook,
    • Job posters,
    • History of other employees in a similar position,
    • Positive performance reviews, etc.

    Assuming evidentiary rules are followed correctly, when a person or employer submits evidence, the unemployment office will mark it with a watermark and return it to each party. Usually, this is done using a yellow envelope.

  • Minnesota’s Drug Testing Laws

    Minnesota’s drug testing laws for employees stems from Minnesota Chapter 181.  Sometimes, folks might hear the testing rules called DATWA, or Minnesota’s Drug and Alcohol Testing in the Workplace Act.

    As you can see, this rule is extremely complex, and every situation will produce a different set of facts and or outcome.

  • My Corporate Trustee Increased Their Fees

    My Corporate Trustee Increased Their Fees

    When I meet with families for the first time, identifying a corporate trustee within a revocable trust is always an unusual conversation.

    Before describing why, lets quickly outline what it means to identify a third-party trustee that is unrelated to you and your family.

    A corporate trustee is a business or entity (like a bank or wealth management company) that agrees to manage and administer a trust.  As you might suspect, this agreement is based on paying a service fee.  Generally, this is where people back away.

    Really though, I like the idea of engaging an entity as a back-up to the back-up for one reason:  just in case we all die.  Here is what I mean.

    Corporate Trustee:  Everybody Dies

    Like you, I do not like to think about my death.  Taking this nightmare to the next level, I do not like the idea of thinking about dyeing in a car accident with my closest family matters (minus the one grandchild  or child hanging out with a babysitter).   Far fetched, but possible.

    Anyways, I love the idea of making sure my trust has the power to implement Minnesota statute 501C.074, versus making a trustee or guardian seek authorization from a court to fill a trustee vacancy.  I like this idea because I want my assets distributed amongst my beneficiaries versus court fees.  Also, I cannot predict the far fetched future (North Korea?).

    Even better than adding the Fancy in Trusteeship or Successor Appointment rule is helping out by selecting an entity to act as my corporate trustee.

    Thus, updating a revocable trust to account for vacancies makes sense.

    Corporate Trustee:  Running from Fees

    Of course, the one reason people balk at the idea of selecting a corporate trustee (even as a back-up to the back-up) is the fear of paying corporate fees.  Certainly, I agree.  If ATM fees make you go crazy, corporate trustee fees might make you sick.

    On the other hand, family dynamics can be the deciding factor.  Some realize their family is not sophisticated enough to manage a trust, while others are fearful of family members arguing over silly things.

    The intentions of the settlor (the person who made the trust and identified a third party to manage it) is what matters most.  In my experience, having a person with specialized knowledge to administer a trust can be a breath of fresh air.

    Corporate Trustee:  One of My Favorite Approaches

    The value of thinking through the issue of selecting a corporate trustee is sometimes overwhelming.  Although not for everybody, one of my favorite approaches is selecting a personal friend or family member as my trustee and making a corporate trustee their partner.  In other words, both serving as co-trustees.

    Personally, I think this accomplishes a handful of goals:

    • Reduces fiduciary stress,
    • My trustee can lean on an entity I pre-selected,
    • And, if my trustee gets sick or is no longer able to help, they have a back-up too.

    Final Thoughts

    Just to be clear, a person wishing to create a revocable trust is not required to select or identify a corporate trustee.  Instead, I only bring to your attention because it is a nice alternative for people concerned about selecting a trustee or not knowing enough trustworthy people to manage their affairs.

  • Quit or Discharge: Unemployment Tip #005

    Quit or Discharge: Unemployment Tip #005

    Quit or discharge is a confusing question. In fact, it isn’t even a question. Instead, it is a legal issue often addressed by an unemployment law judge.

    Sometimes, workers and employees are confused whether they quit their job or were fired.  Applicants should never argue they do not know whether they quit or were terminated.  Instead, find the unemployment law that best supports eligibility. 

    Unemployment Tip # 005 –  When the reason a job ended is an issue, Applicants should never argue that they do not know. Instead, find the unemployment law that best supports eligibility.”

    Before selecting quit or discharge, know that every question is a trick question.  Really though, employees seeking unemployment benefits can take their case under control by knowing which element of rule 268.095 applies to them and why.

  • Grandma’s Revocable Trust Before She Went Into a Nursing Home

    Grandma’s Revocable Trust Before She Went Into a Nursing Home

    When I think about Grandma’s revocable trust, I think about her independence.  Wow, she is unbelievably strong and mentally sharp.  Like you, I love my grandmother.

    That said, there will be a day, when a grandmother will need help from her trustees.  On that day, her trustees will be asked to determine whether Grandma should fund a different kind of trust, to avoid the agony of handing her assets over to the State.

    Here are two possible alternatives:

    • Supplemental Needs Trust
    • Special Needs Trust

    If you have the time, lets take a quick look at these types of documents.

    Supplemental Needs Trust for Grandma

    As an alternative to Grandma’s revocable trust, consider a supplemental needs trust.  A supplement needs trust helps grandma pay for needs not provided by a government-funded program.  These types of trusts are for people of any age, provided they are not 65 years old or older, have a disability and are living in a long-term care facility.

    In other words, if Grandma wants to utilize a supplemental needs trust, she needs to make it happen before she enters a nursing home. Between you and me, I wish this wasn’t the case.  But, Minnesota law 256B.056 tells us differently.  Otherwise, families risk a State audit or declaration document and exposing assets to creditors (like the nursing home).

    Even more cool, is the fact these types of trusts allow for beneficiaries, like children and grandchildren.  Provided the beneficiary themselves doesn’t establish the trust (or act as the trustee), this type of estate planning tool can provide a lot of relief.

    Special Needs Trusts for Grandma

    Another alternative to Grandma’s revocable trust is a special needs trust.  Unfortunately, these types of trust documents are far more strict and less exciting.  Why?  Because Grandma’s assets usually end up with the State or health care provider.

    None the less, a Special Needs Trust is for Grandma when she has a disability and is older than 65 years of age.  The reason Grandma might like this type of setup is because it protects her assets through her lifetime.  For those wondering, the rules applicable to a special needs trust is a fancy law called the Omnibus Budget Reconciliation Act of 1993, or OBRA.

    Grandma’s Revocable Trust is Easy to Covert

    If you stepped away to help your grandma with the cable tv, know that her trustee should be able to covert or transfer assets from a revocable trust to a trust document described above.  Really, it boils down to whether or not Grandma has a disability and her age.

    Personally, I like the idea of adding an amendment or clause to a revocable trust granting the trustee this type of control.  Other times, people create a supplemental needs trust, fund it accordingly and lean on their trustee(s).

  • Unemployment Tip for Covered Employment Appeals

    Unemployment Tip for Covered Employment Appeals

    Covered employment is a significant issue you didn’t know existed. The issue is whether your job was counted as “covered employment” or the opposite, “noncovered employment”.

    Noncovered employment isn’t good for benefits isn’t good for benefits. This specific term means a person is not eligible for unemployment. Sometimes, employers will argue that a certain job was “noncovered employment” to avoid or reduce taxes.

    Unemployment Tip # 004 –  Applicants should always be prepared to make the argument that their job was covered employment.

    Unemployment Lawyer

    Unemployment Help

    Contact Now

    Applicants who see this issue raised are using those working as a contract employee or as an independent contractor. Other jobs that run into problems are those aligned with the State of Minnesota.

    Unfortunately, Applicants in Minnesota are often tricked into assuming it doesn’t matter.  For those wishing to acquire benefits, it matters.

  • Transgender Veteran Claims and Appeals for VA Benefits

    Transgender Veteran Claims and Appeals for VA Benefits

    Transgender issues in the military received a swift kick in the teeth this week.  On the other hand, because the laws are poorly developed and unclear, transgender military veterans have an advantage.

    Personally, I believe Veterans willing to put forth the work with their VA claim, are going to see a lot of positive outcomes.

    Most military vets know this, but it is worth repeating.  Seeking VA benefits is hard.  Adding a  gender identity issue expeditiously increases the complexity of the claim.  But, it is certainly worth it.

    But, most of this success will not come to fruition until the military veteran is discharged and a claim is filed with the VA.  

    Transgender VA Claims

    As of the date for this post, there are literally, tens of thousands (+10,000) VA cases to search and read.  Would you believe there are only two (2) cases that speak directly to gender identity and transgender issues?

    For those curious, one veteran was somewhat successful (they confirmed a 30% disability rating for PTSD), while the other veteran spent years making the same error.  The value in bringing this to your attention, is to learn from their successes and mistakes.

    Yes, I commend both military veterans for seeking and appealing their VA benefits.  I believe both transgender veterans failed at being more successful with their claims because they focused on the wrong issues.  Here is what I mean.

    Why Veteran Gender Identify Claims Were Denied

    Without knowing the background for either transgender veteran, I believe the appeals were rejected because they, the veterans, focused on events prior to their military service versus issues during their service.  Outlining events related to being a transgender veteran are important.  Attaching a documented concern while serving is more important.

    Successful Transgender VA Appeals

    It is reported that 15,500 people serving in the military right now, claim they have a unique and special gender-related issue.  In my role as a veteran advocate, I cannot stress this enough: gender isn’t the primary issue.  Instead, I believe successful claims look something like:

    • Veterans outlining a physical ailment or injury, or
    • Transgender vets finding a primary mental health issue that started or was aggravated while serving.

    Additionally, military veterans are encouraged to find long-term support outside their VA claim.

    Physical and Mental Health Issues

    Of course, gender definitely highlights physical and mental impairments.  Every veteran has a gender.  Whether the veteran sees value in assigning a term like transgender or gender dysphoria isn’t the starting point for seeking a claim for benefits.

    Instead, start with a physical or mental health issue.

    Long Term Support for Transgender Claims

    Here is what I mean by long-term support:  finding a veteran advocate that can handle a fairly lengthy VA appeal process (both BVA and Court of Appeals).

    Again, whether there is a gender issue or not, a VA claim can take years and years, and worth the fight.  Please contact me directly if you need help with your claim.

  • DOD doesn’t Trust Your Military Power of Attorney Forms

    DOD doesn’t Trust Your Military Power of Attorney Forms

    Military Power of Attorney Forms (POA) are different for each branch of the military.  As I will describe below, I really believe military personnel should have a military version of their POA and a civilian power of attorney.

    None the less, lets quickly break down the military and civil side.

    Because each branch is different, each member of the military is encouraged to take three steps when trying to formalize a POA:

    1. Contact their local JAG office and schedule an appointment,
    2. Follow the formalization steps recommended by JAG, and
    3. Seek out an non-JAG attorney and acquire a document exclusive to a permanent residence

    Military Power of Attorney Forms

    Nobody really knows when or for how long they will be on or at a military installation.  Those living state side or elsewhere are always prone to the requirements of a military installation.

    As a result, I believe a quality estate plan for members of the military includes a completed military power of attorney form.  So you know, each branch uses a different form.

    Thus, here are links for each branch.

    Interestingly enough and as the websites suggest, Marines are trusted with an actual form while the remaining four military branches are asked to make an appointment with their local JAG office.

    Even so, Marines are encouraged to seek out their JAG office too such that they can properly formalize the form suggested by the USMC.

    Civil Power of Attorney Forms

    Lets be clear, using an estate planning document like a POA isn’t used to collect the mail.  Instead, it is used to help us when we cannot help ourselves.  Whether we are sick, injured, or deployed, these types of documents are life-savers.

    For the military personnel with a Minnesota, a free power of attorney form can be found here.  Really though, acquiring a short-form power of attorney and more significantly, a durable power of attorney is a much stronger approach.

    Again, why?  Because those serving in the armed forces (including Guard and Reservists), want to reduce problems and headaches on their family in a time of urgency.

    Why Military need more than one form

    I wish this wasn’t the case, but encouraging landlords, banks, doctors and other professionals who do not work on military bases or near a military installation is challenging.  Also, a lot of folks serving in the armed forces have property (bank accounts, real estate, cars, stuff) spread out.  In other words, we cannot always bring all of our possessions with us when we travel abroad or get deployed.

    For example, if I joined the military and my spouse brought an Air Force power of attorney form to an insurance agent in Minneapolis, the likelihood of the agent understanding what they were looking at is unlikely.  As a result, they might not honor the form.

    On the other hand, if I brought a power of attorney form consistently used in Minnesota (like in this example), I am less likely to have a conflict.

    Again, I certainly wish this wasn’t the case, but experience tells me otherwise.

    Military Power of Attorney Forms Risks

    The risk of having more than one form that shares or expresses a power is contradiction.  If your military power of attorney form contradicts a non-military power of attorney form, then the end goal can come to a halt.

    Here are a few examples of Minnesota military members contradicting their power of attorney forms:

    • Allowing or denying decisions while unconscious,
    • Allowing or denying decisions while incapacitated,
    • Requiring accounting practices, and
    • Durable power of attorney form contradicts a shorter version power of attorney form.

    Why DOD Doesn’t Trust You?

    Any 18-year-old person can find a power of attorney form and fill it out on their own behalf.

    Compare this to a member of the military.  Members of the military are forced to answer a bunch of questions and seek an appointment with their local JAG office.  And, Marines are granted access to a POA form while other branches are not.  I am in favor of customer service, but sometimes we need a POA immediately.

    Other times, a member of the military needs confirmation that their possessions back home are protected even more than their possessions within the confines of a military base.

    I believe taking charge of my own affairs is the best process.

    Military Power of Attorney Forms for Veterans

    No, the above referenced forms are not necessarily the same forms that veterans of the military should be using.

    Therefore, if you are serving in the military and need estate planning support, please contact me directly.

  • Using a Power of Attorney While In Hospice Care

    Hospice care can be a difficult position for planning needs. Using a power of attorney to change a will or estate plan in hospice care is hardly ideal. Now add an element of incapacity or duress, and you have a recipe for disaster.

    On the other hand, perhaps there are significant reasons, even monetary reasons, that a change needs to occur. My source of truth comes from situations when people have tried and died. Luckily, a well drafted durable power of attorney form can reduce the potential for misery and help our love ones move forward under any moment of stress or condition.

    Evidence For Capacity

    Evidence for the mental capacity isn’t the first thing a person or family thinks about when visiting their loved one. Capacity isn’t necessarily something that is documented. Some families use medical note and doctor’s opinions. Others utilize eye-witness accounts. Even better, the documents formalized include critical language and sworn by a notary.

    Mental Capacity In Hospice Care

    In Minnesota, the intent of the person is always a controlling factor. Creating new documents in a hospice care facility is hardly ideal. As an example, let’s assume a court scrubs or scrutinizes a relevant document.

    Why?  There was a major Minnesota case called In re Estate of Healy.  Ultimately, this case tells us the testator (the person who died) was required to know the nature and extent of the document they were signing.  If even for a brief second, the person dying and changing their will must have a thought in their mind long enough, that a rational decision was made.

    When a power of attorney document or will is reviewed by a court, whether a district court or probate court, the referee is looking at the mental capabilities of the person who had created the document.

  • Submitting Job Applications to Remain Eligible for Unemployment

    Submitting Job Applications to Remain Eligible for Unemployment

    Submitting job applications to remain eligible for unemployment benefits is an art.

    A lot of unemployed workers fail at giving the right answers when audited on their resume submission process.  Thus, I want to quickly address this issue.

    Job Applications and Unemployment

    As you can read under Statute 268.085, workers and employees are required to to seek suitable employment while unemployed.

    On the other hand, this unemployment rule fails to identify a specific number.  As a result, you have a very ambiguous rule.  For those who have kept up, this is what I tell newly unemployed workers.  The hard part about an unemployment audit is this:  one never knows when or if it will come.

    For this reason, I like the idea of logging hours specific to the job search process (looking, applying, following-up, networking, etc.) versus the actual job submission process.  After all, careers and jobs are not alike.

    On the other hand, this I know:  the number of jobs applied for should never be zero (0).  For how long though, that is a more significant question, which is why folks generally need advice for their specific situation.

    Logs for Job Applications

    For those still stuck on the logging process, lets keep it simple, but spot on.  A common theme for those that I represent is replacing working hours with job searching.  In other words, if an applicant worked 40 hours, then replace those same 40 hours [if possible] with the job search process (looking, applying, following-up, networking, etc.).

    Job Applications and Unemployment Audits

    As much as it pains me to say it, having an unemployment account audited is a real thing.  In my experience, one of the heaviest areas focused on by auditors includes job applications.  For this reason, I encourage all receipts of unemployment benefits (especially those in Minnesota) to keep their a folder on their computer exclusive to their job search process.

    I agree, there is likely a lot of gray, which again, is an issue that is going to be situation specific.

    Finally, for those wondering how long they should keep this type of information, I recommend one of my past posts on this very topic.

  • Work Force Center: Unemployment Tip #003

    Work Force Center: Unemployment Tip #003

    Continuing on with my new series for unemployment tips, let’s address the work force center. For some reason, newly unemployed workers want to spill their story with the workers and staff members assigned to the workforce center they happen to visit.

    Unemployment Tip # 003 –  Second guess all advice coming from the Work Force Center regarding an appeal or how to handle a claim.

    The call center at DEED and the various workers at the work force center are the eyes and ears of those who deny claims.  Hopefully, applicants do not find out the hard way.  

    So, before contacting the work force center for help, consider the ramifications of doing so.

  • IRA Rollover Into a Trust Can Be a Huge Mistake

    IRA Rollover Into a Trust Can Be a Huge Mistake

    The rules for an IRA rollover change on an annual basis.  Because an IRA cannot be owned by a trust outright, this post is about identifying a spouse as a beneficiary of an IRA and thinking through who or what should be the contingent beneficiary.

    IRA Rollover:  Why Do We Care?

    It is very simple.  We care because we want to reduce taxes.  When our spouse dies, we have 60 days to roll the account over and reduce a tax penalty.

    IRA Rollover Intentions

    Assuming neither spouse has died, making choices to help reduce tax problems is a luxury.  If a rollover is intended, I like the idea of identifying a spouse as a primary beneficiary.

    I like this process for a few reasons.  First, it grants my spouse an opportunity to complete a rollover of an IRA.  Second, I want my spouse to utilize distribution options that favors prosperity.

    Would you believe people identify their trust as the primary beneficiary of an IRA?  Unfortunately, this is a huge mistake.

    IRA Rollover into a Trust

    The bad part about making a trust the primary beneficiary of an IRA is the fact doing so might accelerate withdrawal requirements.

    Without including specific language within a trust like a “pas through” clause, dumping our assets into a revocable trust might create an even bigger tax burden.  For this reason, I believe mapping out a distribution flow plan can help us and our loved ones from accidentally subjecting themselves to a 10% withholding penalty.

    Handling An IRA Rollover

    Ultimately, I believe there are three things to consider when discussing our estate with our spouse.

    • What happens if I die first,
    • What happens if we die at the same time, and
    • How can we preserve or reduce a tax burden for our children and grandchildren?

    My IRA Rollover Process

    When I meet with folks about these types of issues, the first thing I look for is obtaining written copies of the beneficiary designations for all retirement accounts.  Often, people do not remember who is named on their accounts or whether they selected a back-up.

    Additionally, I believe this process requires engaging a CPA or Certified Public Accountant.

    Thus, before you start naming a trust as the primary beneficiary of an IRA Rollover, please contact this law office.

  • Telecommute and Unemployment in Minnesota

    Telecommute and Unemployment in Minnesota

    Telecommute and unemployment in Minnesota is a new concept and  undeveloped from a case law perspective.  In Minnesota, a person who telecommutes has the same rights as a worker in an office.

    Thus, do not fear if you thought your role as a telecommuter affected your unemployment rights for MN.

    Telecommute and Unemployment in Minnesota Laws

    First, Minnesota unemployment laws do not define who is or who is not considered a telecommuter.  Instead, the legal issue that impacts most telecommuters stems from wages and hours.

    In other words, there isn’t a specific law exclusive to workers who telecommuted and are seeking unemployment benefits.  A person who was classified as a remote worker or a telecommuter should review their eligibility as if their classification was not important.

    On the other hand, if you were discharged from your job because of an issue specific to your classification as a telecommuter, then this is where the game will change.  Being discharged because you were a telecommuter versus being discharged for an incident specific to your classification are two different issues.

    Can you collect unemployment in Minnesota after being a telecommuter?

    Absolutely – the fact you were a telecommuter does not automatically make you ineligible for unemployment benefits.

    Likewise, the fact you were a telecommuter does not automatically make you eligible for unemployment benefits either.

    What problems might you face if you combine Telecommute and unemployment in Minnesota?

    The biggest problem this law office sees with workers trying to collect unemployment benefits after they telecommuted is reviewing which state they are eligible for benefits.

    This law office represents applicants exclusive to Minnesota.  That said, sometimes DEED tries to persuade or push applicants to another State.  This isn’t necessarily always correct.

    First, Minnesota law says a person who applies for unemployment benefits in a different state is automatically ineligible for unemployment in Minnesota.  Second, benefits in Minnesota are likely higher than any other state.

    If you need help with your claim, please contact an unemployment lawyer for help.

  • Business While Deployed is a Little Easier in Minnesota

    Business While Deployed is a Little Easier in Minnesota

    Managing a business while deployed is an awful stress.  I would think most military business owners know how difficult it might be to keep one hand on a business while the other hand is devoted to the battlefield.  Adding the stress of a legal proceeding can heighten this awful stress.

    Luckily, Minnesota has a rule that helps members of the military while they are deployed on TDY or otherwise.

    Business While Deployed: Protection for Military Reservists

    Minnesota statute 192.056 protects military reservists from Civil Court Proceedings.  From a practical manner, this is what this might include stopping or delaying:

    • Small claims court claims,
    • Contract disputes,
    • Collection matters,
    • Employment issues, or
    • Any other specific court proceeding.

    What About National Guard Business Owners?

    I think members of active duty or serving part-time have a strong argument why the Business While Deployed Rule applies to their deployment regardless whether they are a reservist or a member of the national guard.

    As you can read, the rule uses the term “reservist”.  But, I believe there is plenty of room for interpretation and public policy favors any member of the military.  For what ever reason, Minnesota’s rule applicable to military members owning a business are directed towards a different rule for clarifying when it applies.

    Under Minnesota statute 190.05, the term “military” is supposed to mean active service:

    ‘Active service’ means either state active service, federally funded state active service, or federal active service.

    Now, military members past or present can see the flaws with their definition.  In other words, we are stuck with the unknown when the rule might apply.  As of the date of this post, the rule I am focused on, has never been litigated.

    None the less, I think the most important point specific to the Business While Deployed Rule is this:  Minnesota’s court system is supposed to acknowledge business owners who are deployed and reduce the risk of an unfair judgment.

    At a minimum, I believe public policy supports this interpretation through and through.

    Business While Deployed Extended to Spouses

    Anybody who owns a business relies on support from their significant other.  This support is heightened when we are talking about a military spouse.

    Somewhat exciting for Minnesota’s business owners on deployment is the fact MN Statute 192.056 applies to a spouse too.

    In other words, if I own a business with my spouse and I am deployed, the business owner (spouse or not) can ask the court to delay any and all civil proceedings from taking place. Really, this is a breath of fresh while military families put managing their communications, children and home life in front of any other pending claim.

    Soldiers & Sailors Civil Relief Act

    In case it isn’t obvious, the rules and protection under rule 192.056 is in addition to any rights and benefits military business owners have under the Soldiers & Sailors Civil Relief Act.

    Thus, If you are a military business owner and need support, please contact me for help.

  • Medical Records for Unemployment: Tip #002

    Medical Records for Unemployment: Tip #002

    Medical records for unemployment seems like an odd combination, but it happens a lot.

    Medical records can create good issues and bad issues for applicants to address. Before randomily submitting medical notes because you feel like you have nothing to loose, consider seeking advisement first.

    Unemployment Lawyer

    Unemployment Help

    Contact Now

    When a medical issue impacts our job performance, likely, there are medical records.

    Unfortunately, Applicants in Minnesota are often tricked into assuming forms used by the unemployment office are helpful.  If they were, then I wouldn’t need to address this issue.

    Physical and mental health records for unemployment appeals can impact employees who quit their job and  those discharged for employment misconduct.

    Unemployment Tip # 002 –  If an Applicant’s health is an issue, always consider seeking a formal written opinion from a treating physician that incorporates language form the Minnesota unemployment statute.

    It is never a bad idea to seek help. But, if your physical or mental health is even remotely related to your unemployment appeal, you owe it to yourself to find additional support.

  • Applications: Unemployment Tip #001

    Applications: Unemployment Tip #001

    An unemployment tip must have value. I decided to create a new series exclusive to unemployment tips.

    If you are unemployed and reading my blog posts on a regular basis, I hope you find this helpful.

    Thus, here is the first tip of many:

    Unemployment Tip # 001 – Before applying for unemployment benefits, always ask which unemployment rule or rules can help you become or remain eligible for benefits.   

    For many people, Minnesota statute 268.095 is very impactful.  Of course, there are many others. In the legal world, issue spotting is the name of the game.

    Unemployment Lawyer

    Unemployment Help

    Contact Now

    If you are looking for more tips about applications, consider Tip #017.

  • MN Taxable Estate Rules and Protection

    MN Taxable Estate Rules and Protection

    Yes, MN taxable estate laws are strict.  Unfortunately, Minnesota is 1 of 14 states (including the District of Columbia) that have an estate tax.

    In 2024, the state tax exemption amount is a math problem. As you can see under Minnesota Statute 291.016, the exemption amount is $5,000,000 minus an amount based on the date of death.

    Luckily, a trust can be a powerful tool in estate planning to mitigate and reduce estate taxes, providing individuals with a strategic way to preserve and transfer their wealth to future generations. Estate taxes, also known as inheritance taxes, can significantly diminish the value of an estate passed on to heirs. Establishing a trust allows individuals to navigate the complexities of tax laws and optimize their estate for tax efficiency.

    Credit Shelter Trusts Reduce Tax Liability

    One common way to alleviate estate taxes is through a bypass trust or credit shelter trust. This type of trust is structured to leverage the available estate tax exemptions. These trusts allow individuals to make use of their applicable exclusion amount by sheltering a portion of their estate from taxation.

    Bypass or credit shelter trusts are particularly beneficial for married couples, as it helps maximize the combined exemption amount, protecting a more significant portion of their wealth from estate taxes.

    Irrevocable Trusts and a MN Taxable Estate

    Another type of trust used to prevent a MN taxable estate is an irrevocable living trust. Unfortunately, placing assets into an irrevocable trust relinquishes ownership and control of those assets.

    That said, it effectively removes them from their taxable estate. This can result in a substantial reduction in the overall value subject to estate taxes.

    Other Taxing Reasons for a Trust

    In addition to minimizing the taxable estate, trusts offer flexibility in distributing assets to heirs. Specific instructions can be outlined in the trust document, ensuring that the assets are distributed according to the individual’s wishes while taking into consideration potential tax implications for beneficiaries.

    It’s crucial to consult with legal and financial professionals when considering the use of trusts in estate planning. They can provide personalized guidance based on the individual’s financial situation and goals, ensuring that the trust is structured in a manner that complies with tax laws and achieves the desired tax savings.

    Overall, utilizing a trust as part of an estate plan can be a strategic approach to reduce estate taxes and preserve wealth for future generations.

  • My Reconsideration Review With the Same Unemployment Law Judge

    My Reconsideration Review With the Same Unemployment Law Judge

    The reconsideration review process for unemployment benefits is conducted by the same unemployment law judge that reviewed the phone appeal.

    In my experience, most applicants are surprised by this.  Like you, I agree that this process is unfair.  But, some of my most exhilarating moments as an attorney has been during the reconsideration process.

    Thus, I do not think the reconsideration review laws should be a reason to refrain from filing an appeal  or giving up entirely.

    Reconsideration Review Laws

    The laws for an unemployment reconsideration come from Minnesota statute 268.105.  The part related to a review for an unemployment reconsideration says the following:

    A request for reconsideration must be decided by the unemploymentlaw judge who issued the decision under subdivision 1a unless that judge:

    • (1)  is no longer employed by the department;
    • (2)  is on an extended or indefinite leave; or
    • (3)  has been removed from the proceedings by the chief unemploymentlaw judge.

    Exceptions to the Same Judge

    As we can see in the above referenced rule, there are three exceptions to the general rule.  In my experience, the exception that applies most often is when an Applicant specifically asks for their judge to be reviewed.  Unfortunately, this is a difficult request because it usually requires finding a reason the Judge was impartial.

    Sometimes, impartiality is obvious because the Judge will suggest they have an alliance with a specific group or employer.  Other times, the Applicant needs to search for an specific reason or find out anecdotally.

    Proceeding with a Reconsideration

    Once an applicant turns their attention towards the drafting stage for a reconsideration, I think the next step is related to a transcript.  From there, using Unemployment Laws from Chapter 268 is generally the next step for issue spotting.

    Finally, if you are in need of help and want to talk with an unemployment lawyer, please reach out.  I wish you the best.

  • Getting Copies of Your Unemployment Transcripts

    Getting Copies of Your Unemployment Transcripts

    Unemployment transcripts are extremely important because they help formulate an appeal.  For example, obtaining your transcript can help applicants:

    • Identify testimony,
    • Make reference to lies,
    • Support procedural errors.

    Thus, obtaining a transcript from an unemployment case is a process I believe every applicant should engage.

    Unemployment Lawyer

    Unemployment Help

    Contact Now

    Unemployment Transcripts:  Rule in Minnesota

    The rule for obtaining a transcript depends on the type of appeal an applicant is seeking.  Although not always the case, Minnesota rule 3310.2917 supports applicants in their process of obtaining copies, evidence and testimony from their hearing. Even better, they generally waive court fees too.

    Unfortunately, the unemployment office does not always agree.  For this reason, making reference to Minnesota’s constitution along with a more diligent approach can sometimes support a transcript request.

    Again though, the type of appeal (court of appeals versus a request for reconsideration) will dictate the process utilized for obtaining unemployment transcripts.

  • Non-Compete Agreements and Minnesota’s Blue Pencil Doctrine

    The Blue Pencil Doctrine is a law in Minnesota that allows a Court to change and make a contract clause more “reasonable”.  Unfortunately, what is reasonable is going to be very fact specific and likely exclusive to the parties involved.

    Generally, the blue pencil rule or doctrine has applied against non-compete agreements.  But, it would not surprise me to find or see a court apply it to other contracts unrelated to employment.

    In my experience, the blue pencil doctrine in Minnesota is a difficult rule because it is left to the mercy of the courts.  For those wishing to read a court case reviewing this issue, consider reading Klick v. Crosstown State Bank, Inc.

    Otherwise, contact me directly.

  • Aid and Attendance Benefits through the VA

    Aid and Attendance Benefits through the VA

    Aid and Attendance benefits are fantastically easy to request.  The idea behind today’s article is to share how and what to think about when military families are seeking aid and attendance.

    Thus, I hope you find value in this short outline.

    Aid and Attendance Benefits:  First Issue

    The first issue is determining how to seek this all important benefit.  When I advise a Veteran and their family on this issue, I always ask where the Veteran is living.  Here is why this question is important.

    • If the Veteran (or their spouse / dependent) is living in a nursing home, VA Form 21-0779 is used to request aid and attendance.
    • If the Veteran lives anywhere else, then VA Form 21-2680 is the better form to utilize.

    VA Forms for Aid and Attendance

    Between you and me, I like the second form much better.  First, I believe it gives more control to the family seeking this benefit on behalf of their loved ones.  Second, it requires seeking help from the Veteran’s )or their spouse / dependent) personal medical doctor.

    Compare this to VA Form 21-0779.  Although helpful in requesting benefits, I generally dislike this type of application because it asks the nursing home for their input.

    The point I am trying to make is this: I trust my personal medical doctor more than my nursing home.  Also, experience tells me it is easier to acquire help from a medical professional versus a nursing home administrator.

    Pension Management Centers for VA Benefits

    Once a Veteran and their family has selected the form that applies to their situation, the next step is the process of submitting it to the right people or department.

    Because the aid and attendance benefit aligns with pension benefits, the PMC or Pension Management Center is the place that reviews the VA forms referenced above.  As of the date of this article, there are 3 different Veteran PMC offices and they review issues based on the state where the Vet resides.

    Here is a link to the three Pension Management Centers.

    Nobody is Getting Rich from their Pension

    The greater the disability, the greater the benefit.  Very few military families and Veterans contact me because they are looking to get rich from their aid and attendance benefits.  This is an earned benefit about acquiring help and assistance.

    As a result, I think it is to the Claimant’s advantage to describe their personal situation as a detriment.  In other words, if the Veteran (or spouse / dependent) needs help cooking bathing, using the restroom, etc., then stop the doctor or nursing home administrator from sugar coating the need.  Again, the greater the disability, the greater the benefit.

    Aid and Attendance Benefits vs. Housebound Benefits

    Here is another important and surprising point:  by rule, Veterans and their families cannot receive household benefits in addition to their aid and attendance.  In other words, it is one or the other.  Obviously, the next issue turns on acquiring the benefit that offers the highest monetary return.

    Thus, choosing which benefit is better calls for weighing a hodgepodge of disability ratings and need.

    Do This Before Veterans Need Aid and Attendance

    Before I close, I want Veterans and their families to realize that planning for every life event is hard.  As they say, hindsight is 20/20.  If there is time, I think Veterans, their spouses and dependents should consider acquiring a power of attorney and healthcare directive as soon as possible.

    I make this suggestion because it gives our loved ones power to act on our behalf when we need it the most.  Even more significant, the generic form of these types of estate planning documents are free.  Otherwise, part of my law practice includes drafting more personalized health care directives and related estate planning documents.

    If you and your family need help, please contact me directly.

  • Prevent Cyberattacks on Estate Plans By Doing 1 Thing

    Prevent Cyberattacks on Estate Plans By Doing 1 Thing

    Today’s news of a cyberattack on the banking system in Ukraine is a horrible reminder how vulnerable we really are.

    On the other hand, none of my Clients leave my office without understanding whether they should store their estate planning documents in the cloud.

    In my opinion, storing some or part of an estate plan in the Cloud can prevent problems down the road.  Provided hardcopies are not compromised by changes or edits, nothing beats a cyberattack like having hardcopies

    If you need help or advisement how to store, preserve and keep such things, please contact me for help.

  • Unemployment Penalties Can Bite Back

    Unemployment Penalties Can Bite Back

    Unemployment penalties are getting out of hand in Minnesota.  Even worse, unemployment laws in Minnesota are getting worse.

    Applicants scratching their head as a result of a sanction or penalty assigned to their overpayment can consider appealing.

    For those unfamiliar, let me explain.  Under various statutes, including MN law  268.182, an unemployment law judge can attach a penalty to a claim, even if benefits were incorrectly paid.  This includes administrative and criminal penalties.

    Unemployment Penalties:  Why There Are Problems

    I believe there are four main reasons why penalties get assigned to an unemployment appeal:

    • A poorly worded application for benefits,
    • An applicant didn’t understand what they were trying to accomplish during their hearing,
    • The folks denying unemployment claims don’t understand the issues, and
    • Minnesota has a huge overpayment problem.

    In my experience, these are the main reasons Applicants see unemployment penalties associated with their claim.

    Appeal Unemployment Penalties

    Yes, there are many factors that applicants can use when trying to decide whether they should appeal a period of ineligibility or monetary penalty.  One of the first big issues of concern is timing.

    Second is showing why an Applicant was right.  I very much wish this type of conflict could be resolved by following a list of steps.  But, every situation is different.

    To be fair, I think every appeal should be reviewed with care.  Here is why:  every employee / worker encounters their own specific situation and facts.  Minus a mass layoff,  most employees do not share the same boss, employment policies or story how the job ended.

    As a result, I think every person should have their personal situation checked out.

    Evidence for an Unemployment Penalty

    Evidence is a tricky thing because in my experience, problems arise because an Applicant is unprepared what to say and why they are saying it.  In other words, verbal evidence can be critically important.

    When time allows, other types of evidence includes:

    • Documents (from a worker’s employment file) and
    • Witnesses.

    When one isn’t available or the employer is making life difficult, seeking a subpoena can be a strong response to what seems like a  900 pound gorilla.

  • Can my Ex Spouse Really Inherit my Stuff?

    Can my Ex Spouse Really Inherit my Stuff?

    Can an ex spouse inherit property from their former spouse after a divorce?  In Minnesota, absolutely yes.

    Although there are laws like the Ex Souse as a Beneficiary Rule, I believe it is critical to update every estate plan after a divorce.

    What is the Ex Spouse Beneficiary Rule?

    Minnesota has two important laws that help revoke an ex spouse from a will and trust.  The rules are:

    On the other hand, I believe failing to update an estate plan puts intended beneficiaries (like children, siblings or a future spouse) at risk of not recovering your assets.

    For one, there was a recent case reviewed by our US Supreme Court that says certain types of assets do not fall under the revocation laws referenced above.  Keep in mind, this issue was reviewed by the highest court in the land.

    Second, why take a chance?

    Minnesota’s Laws on an Ex Souse Inheritance

    I apologize for adding fuel to the fire, but Minnesota’s court system has produced two opposite opinions on this issue.  Can you imagine an ex spouse taking an inheritance issue to court because they stand to inherit something substantial?

    None the less, two cases come to mind:

    Even if you never read these cases, please notice this:  each case involves a financial institution.  In other words, even if we think our ex-sposue will never encourage a problem with an inheritance, we cannot rule out our banks and insurance carriers.

    In simple terms, making changes to update a will, trust, 401K, etc. is worth the effort to reduce conflict.

    Will my Ex Spouse Inherit from my Will?

    Right now, there is a strong law in Minnesota that revokes an ex spouse.

    On the other hand, I am worried about bigger assets like retirement accounts, insurance policies and real estate.

    If you need help with this issue, please contact me directly.  Otherwise, I hope you found value in the links shared above.

  • Naming “To My Estate” as a Beneficiary is a Broken Plan

    Naming “To My Estate” as a Beneficiary is a Broken Plan

    When a person says they want to leave everything “to my estate” [their estate], they are often surprised to find out that this is a broken plan.

    I know folks do not read my posts to get the third degree.  But, this is serious stuff.

    Instead, I encourage my Clients to pick specific beneficiaries, use a will and identify a quarterback to administer an estate.  

    If you are wondering about the quarterback process for an estate plan, please take one of my upcoming classes.
    The alternative is this: telling the whole world that we don’t care and we want our remaining savings spent on creditors and probate costs.  

    Even if you you only have $100, wow…how nice would it be to pass that money onto a grandchild versus Comcast.

    To My Estate is Not a Beneficiary

    The reason “to my estate” is not a beneficiary is because it doesn’t identify specific heirs or decedents.

    The idea behind picking a beneficiary is to offer precision so our Court System isn’t required to guess or use laws that contradict our intentions.  

    The idea of protecting against dead beneficiaries is the process of dying testate (the opposite of dying intestate).

    My Will Versus My Estate

    Beneficiary forms and wills do a great job of helping loved ones administer our stuff.  Whether folks use the per stirpes method or a different process, doing so can really take the pressure off of a probate court and loved ones.

    What Does To My Estate Feel Like?

    Again, I don’t mean to be critical, but I think this post calls for it.  Stating “to my estate” is lazy.  In my experience, people telling their bankers and financial advisors they want to leave their account in a hodgepodge mess is literally being one step away from doing something wonderful for our loved ones.

  • Translate Unemployment and a Different Language

    Translate Unemployment and a Different Language

    Applicants that speak and read a different language should always ask the unemployment office in Minnesota for a translator.

    Whether applicants are asking simple questions by phone, appealing benefits or filling out questionnaires, the same rule applies.  Ask for a translator.

    Different Language is Obscure?

    Different dialects?  Different tribes or regions?  Be specific.  I believe people should make the unemployment office adapt to their specific language or needs versus an applicant adapting to DEED’s availability.

    Translator Requests

    In my experience, requesting a translator or translation should always be in writing because Applicants need to generate a paper trail.  A paper trail showing a need or request for help is a great way to show support for due process.

    Translator gets Denied

    Generally, translating services through Minnesota’s unemployment office are free.

    On the other hand, asking a second person (like a family member or through a paid service) is an excellent strategy when applicants are unsure of the translator hired by the court.

  • Appealing to the VA for a Service Connected Death

    Appealing to the VA for a Service Connected Death

    Yes, many military families are asked to appeal a service connected death.  At first, receiving a letter from the VA like this can be detrimental.

    On the other hand, setting aside our emotion is critical and sometimes families need help.

    Does a Service Connected Death Matter?

    Absolutely.  This issue isn’t even debatable.

    The Department of Veterans Affairs is wrong, and you know it.  The number one reason cause of a service connected death should be appealed is because it impacts benefits for spouses, children and dependents.  In other words, compensation for dependents and family members.

    Had the service member died as a civilian, they might have wrongful death rights or other tort system rights.  The military doesn’t use this same process.  As a result, appealing the VA for a service connected death is important in the short-run and long run.

    Why is this happening to my Family?

    The letter produced by the VA should not be viewed “gave over”.  In my experience, government agencies deny benefits for one reason:  so the Veterans Affairs Department doesn’t process an invalid claim.

    it is easier for the VA to make families jump through hoops than trying to recoup an overpayment.  In Q1 of 2017, the VA claims they overpaid nearly $1.6 million in benefits.

    Luckily, military families who act fast can appeal the VA’s denial.

    How to Appeal a Service Connected Death Matter

    Unfortunately, there isn’t one right answer on how to appeal a service connected death matter.  This is true because cases can be heard by:

    Generally, military and VA benefits are appealed by filing a Notice of Disagreement (NOD).  I believe the evidence gathering process is just as important as a NOD because facts and laws should support a NOD.

    For example, does a family have a copy of DD Form 1300 outlining the casualty repot?  And, what factual discrepancies can be identified or what facts should have been included in the report?

    Here are other documents that might be helpful during this process:

    • Marriage Certificates
    • Birth Certificates
    • DD 214
    • Medical Records
    • Base Newspapers
    • Dental Records
    • Letters and e-mail Exchanged by Family Members
    • Independent Medical Examiner
    • Mortician Notes
    • Family Medical History
    • Witnesses Reports

    Again, I know these are difficult issues to address during the grieving process.  As a Veteran’s Attorney, I want to help and I wish the entire family the very best.

  • Help, I Lost my Will

    Help, I Lost my Will

    Every once in a while, somebody will tell me “I lost my will”.  The next question I often get is “what should I do”?

    Well, I think the answer is obvious.  Look in the last place it was placed.  Unfortunately, when we cannot remember, others might start to question our sound mind.

    As a result, I believe time is of the essence and drafting a new will is a necessity (ASAP).

    Lost Will and Its Impact on a New Will

    Generally, the impact of a lost will on a new will is negligible when testators add a revocation clause to their new will.  In other words, a clause that revokes any and all previously formulated wills.

    Assuming the revocation clause is drafted properly, problems can be significantly reduced.

    Have you Seen my Lost Will?

    With the exception of asking the person who drafted it, asking others about the location of a lost will might create more problems.  First, it puts others on alert for diminished capacity.  Second, the threat of a lost will doesn’t negate or prevent the formation of a new will.

    Thus, I hope you find your lost will.  On the other hand, don’t put off the opportunity to enter into a new will, when we still have time!

  • Teenagers are Employees Too

    Teenagers are Employees Too

    n Minnesota, teenagers are employees too.  As our local youth look for summer jobs, sometimes employers illegally classify younger workers or make false stereotypes.

    Believe it or not, teenagers (children) are more protected and have more legal rights than adults.

    In fact, Minnesota devoted Chapter 181A to protect children workers.  Likewise, there are federal rules that protect teenage workers too.

    Teenagers Looking for Summer Jobs

    For the teenagers looking for a summer job, I encourage you to consider:

    • Applying for a job in-person,
    • Practice interview questions,
    • Keep calling “them” to see if an opportunity has opened up,
    • Job openings change on a weekly basis,
    • Dress semi-casual for your interview,
    • Put your phone away during the interview,
    • Consider knowing and applying the Fish Philosophy, and
    • Stand-Up for yourself.
  • Land Registration is Always the First Issue

    Land Registration is Always the First Issue

    Land registration is always the first issue when I draft a Transfer on Death Deed (TODD) in Minnesota.

    Finding this information is very simple.  But, it is still a very significant step.

    Land Registration Basics

    Lets keep this simple.  Every piece of land (home, business, farm, rural, residence, etc.) is different and unique.  In theory, every piece of land or parcel is registered within the County it sits.

    Luckily, all of us can visit our local County headquarters and acquire information on any piece of property inside the county.  In general, I look for written documentation showing the following:

    • Is a property titled Abstract or Torrens or something else,
    • Does a property have any attached or recorded liens, and
    • Acquiring the correct legal description.

    In addition to other requirements, the above pieces of information are critical for every TODD.

    Why Land Registration Matters

    The above information matters because the transfer on death deed conveyance forms in Minnesota require the above information.

    Because a death deed is a document that speaks on our behalf when we die, getting this information correct is of critical importance.

    Abstract or Torrens in Minnesota

    From an estate planning perspective, the advantages of property being titled under the Abstract system versus the Torrens system is moot.  Instead, unequivocally knowing which one applies to a person’s property is the primary objective.

    As I mentioned above, we can find out very easily by:

    • Contacting the Recorder’s Office within a specific County, and
    • Acquiring paper records verifying the land registration system.

    For those tempted to look on the internet or ask their neighbors, don’t do it.  Information on County websites are consistently wrong.  And, it is not uncommon for side by side properties being titled differently too (sorry Richfield).

    Land Registration is Always the First Issue

    Personally, I believe land registration is always the first issue because it requires work to verify.

    In my experience, putting in this work helps find answers to the various other questions necessary to complete a MN transfer on death deed.

    Failing to put in the work puts the whole process in jeopardy.

  • Should You Sign a Parental Authority Form before School is Out?

    Should You Sign a Parental Authority Form before School is Out?

    Parental authority forms come in waves.  As you and your child celebrate another school year, very likely summer activities and groups will ask you for authorization forms.

    Authorization forms from a school or camp protect that specific entity.

    On the other hand, a Delegation of Parental Authority Form (DOPA) can protect you and your child.

    Estate Planning Attorney

    Estate Planning

    Contact Now

    What is a Delegation of Parental Authority Form (DOPA)?

    Basically, this form helps another adult identified by a parent to care for a child, including:

    • Taking a child to the doctor,
    • Dropping them off at school,
    • Picking-up a child from school.

    Who Should Have a Delegation of Parental Authority Form?

    Personally, I think everybody who has a child should have a DOPA.  But, here are examples of other situations when a parental authority form can be very helpful:

    • Single parents,
    • Parents who travel for their job,
    • Parents fearful of going to jail,
    • Parents who fear immigration issues, and
    • Any parent concerned with day-to-day activities.

    Minnesota is being ProActive

    Likely, none of your friends will know this.  But, Minnesota has been very proactive with delegation forms.  In fact, we as residents can have the DMV add information to our drivers license.

    In other words, if we are involved in an emergency accident, our drivers license can help others identify a temporary guardian for our children.

    What I Include on a Minnesota DOPA

    When I draft a DOPA on behalf of a parent or family, I like to make sure the following information is easily identified:

    • School Name and Location
    • Doctor Contact Information
    • Food Allergies
    • Medial Insurance Issues
    • List of Weekly Activities

    Of course, these types of contacts change on a regular basis.  But, having a starting point can be critical for the stand-by guardian.

    Free Delegation of Parental Authority Forms

    Even better, there are free resources available to help parents and families with their Delegation of Parental Authority Form.

    Not surprising, I believe these types of forms should be specifically drafted to help a specific family and their concerns.  But, it is nice to know that free options exist too.

  • Using Your Minnesota Gun Trust as Target Practice

    Using Your Minnesota Gun Trust as Target Practice

    A Minnesota Gun Trust is a strong move for any person wishing to protect their collection from landing in the wrong hands or subjecting their family to an expensive probate proceeding.

    Yes, there are legal issues to consider like trigger points for the government, the age of trustees, and making sure your successor can pass a background check.

    Also, a few extra forms to satisfy.  But all in all, a worthwhile process to reduce the risk of probate and heartache.

    Estate Planning Attorney

    Funding Your Trust with Guns

    Contact Now

    Number 1 Issue for a Minnesota Gun Trust

    As you know, the US Department of Justice and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) has many rules and standards applicable to gun ownership.  

    To nobody’s surprise, these same rules apply to you and your list of trustees who handle the guns.  Sometimes, the ATF refers to this person as the “Responsible Person”.

    The number one issue for every person wishing to create a Minnesota gun trust is identifying a “trustee” that is authorized to take possession of the weapon(s) being transferred.   

    What type of firearms can you transfer into a Minnesota Gun Trust

    As a general rule, if your firearm has a serial number, you can transfer your firearm into a Minnesota Gun Trust.

    If the gun does not have a serial number, then I like the idea of preparing as if it had a serial number.

    Minnesota Gun Trust for antique guns

    Yes, antique guns and unserviceable weapons can be transferred into a Minnesota Gun Trust too.

    Forms and documents for a Minnesota Gun Trust

    There are many forms and documents needed to transfer a firearm into a Minnesota Gun Trust.  Again though, filling out forms is a lot easier versus family members running to a court house to probate hunting weapons.

    Here is a short non exclusive list of the forms generally needed to transfer a firearm into a Minnesota Gun Trust:

    • A valid Revocable Trust,
    • Certificate of Trust,
    • Assignment of Firearm,
    • ATF E-Form 5 (for each firearm),
    • A formal list identifying all Responsible Persons,
    • Finger print card (FD-258) for all Responsible Persons [order  this form versus printing it], and
    • ATF Form 5320.23, which is a questionnaire for each Responsible Person (order a form for each Responsible Person).

    Who is a Responsible Person?

    According to the ATF, a responsible person is any person associated with an entity or an estate or an individual.

    For some, this means finding a military veteran in the family. For others, a responsible person is any person who might become a trustee for your Minnesota Gun Trust.

    Minnesota Gun Trust Trustee vs Responsible Person

    The person in charge of an estate is called a Trustee.  A trustee for a Gun Trust is responsible for the firearms.

    Yes, while a gun owner is living they are the trustee.  On the other hand, a gun owner can identify reasons when or why they  want to identify a different person as the trustee of a firearm.

    On its face, I know this element seems confusing.  As a result, I find consultations are extremely valuable during this process.

    What information does the ATF need from the Responsible Person?

    Here is what the ATF needs from the Responsible Person:

    • Full legal name,
    • Social security number,
    • Home address,
    • Address for the last five years,
    • Country of citizenship,
    • Place of birth (City and State),
    • Ethnicity,
    • Gender, and
    • Home telephone number.

    Taxes to transfer a firearm into a Minnesota Gun Trust

    The following types of transfers are tax exempt or less than $5 per transfer:

    • Your firearm is unserviceable,
    • Your firearm is being transferred to an heir or operation of law,
    • Any reasons under Section 5811.

    How to transfer guns into a Revocable Minnesota Gun Trust

    If you need help creating a Minnesota Gun Trust, please contact this law office for help.

  • Bank Records for Estate Planning in 3 Easy Steps

    Bank Records for Estate Planning in 3 Easy Steps

    Bank records for a “typical” estate plan can be as as simple as gathering statements.  But, the bank we use on a daily basis is hardly the problem.

    Instead, it’s the checking account opened 20 years ago that people never use, that causes the biggest problems.

    Luckily, I think most people can help their families in 3 easy steps.

    Bank Records in 3 Easy Steps

    I know the following steps are easy.  Certainly, I am not trying to insult your intelligence.  Unfortunately, very few people take time to straighten their affairs, which was the intent behind this article.

    Anyways, here are the 3 easy steps I wish more people would engage:

    3. Gather bank statements and place them in a folder housing important documents.  

    2. Closing Unused Accounts

    1. Identifying a beneficiary for Pay on Death (“POD”)

    Gathering Bank Statements

    Because so many people are getting bank statements by e-mail, acquiring hard copies of records is very difficult.  In the probate process, there are 3 elements beneficiaries and personal representatives need from their deceased loved ones:

    • Name of bank
    • Account number, and
    • Routing number.

    As you might suspect, obtaining a password and username to an e-mail account can become more cumbersome than obtaining bank records.  This is true because banks generally have phone numbers and people answering their phones.  On the other hand, e-mail services do not.

    Thus, gather bank statements.

    Closing Unused Accounts

    Remember the bank account you opened to acquire a car loan?  Or, that bank account you opened when you lived in a different city?  Well, close them.  Right now…call the bank and take the initiative to close the account.

    Here is the problem.  Family members can spend thousands of dollars on the probate process for an account holding peanuts.

    Thus, make life easy on loved ones and close unused bank accounts.

    Pay on Death (“POD”)

    For smaller estates, I love the efficiency of identifying a beneficiaries and making the account pay on death.  Unfortunately, this still isn’t enough because PODs can go wrong.  Horribly wrong.

    Ideally, I encourage families to fund their revocable trust with any and all bank accounts.  If this isn’t feasible, then using bank records to draft a proper POD beneficiary form is highly recommended.

    I wish you and your family the very best.

  • Will I go to Heaven If I Die Without a Will?

    Will I go to Heaven If I Die Without a Will?

    Are you going to die without a will? Does it matter?  Will it matter once we check into Heaven?

    Likely, the person at the pearly gate will not care whether we have a will.  But, our children will.

    Failing to plan means your affairs will be left to the government.

    I believe every person should reduce guessing and stress by deciding to die with a will.

    What happens in Minnesota if we die without a will?

    If a person dies without a will, their family is stuck with Minnesota’s probate plan.  Minnesota’s plan is called intestacy.  This means which Minnesota law will determine who receives all or a portion of the estate.  More significantly, Minnesota’s guardian laws will determine who becomes the next parent to our children.

    Also, a Creditor can take control of the assets before a loved one…even before our own spouse.

    Like you, I am not ready to die.  But, just in case I get hit by a bus – there is a plan in place to help loved ones (spouse, children, grandchildren and pets).  Thus, the laws that apply will play a significant role.

    What laws apply when we die without a will?

    In Minnesota, a family trying to manage an estate for a person who died without a will be forced to utilize Minnesota’s uniform probate code.  The probate laws and rules determine whether our affairs get decided through an informal or formal process.

    First step after a person dies

    In every case, the firs step is always the same:  what about the spouse and children.  When we put a plan in place, the guessing and time commitment can get eliminated or reduced to a minimal process.

    The next step after a person dies

    The next step entails picking an ideal personal representative and preparing for either an informal probate or formal probate process.

    Before you die without a will

    I get it – this is a difficult thing to think about.  Luckily, we have a choice before things get worse or impossible to manage.

  • Growing Problems with Unemployment for Farmers

    Growing Problems with Unemployment for Farmers

    Unemployment for farmers and agricultural workers is crazy complicated in Minnesota.  Quite frankly, it shouldn’t be so hard.  But, it is.

    So we are clear, I am not talking about farm owners.

    Instead, I am referring to people who help farmers (employees, contractors, side-hands, etc.) and their agricultural process.

    Unemployment for Farmers is Hard Stuff

    Here is why this question is hard.  I didn’t state impossible…I said hard.  There is a difference.

    Minnesota unemployment laws generally exclude workers from benefits and make the farm worker prove an exception.

    employment in “agricultural employment” [is non-covered employment] unless it is “covered agricultural employment” under subdivision 11; or

    if employment during one-half or more of any pay period was covered employment, all the employment for the pay period is covered employment; but if during more than one-half of any pay period the employment was noncovered employment, then all of the employment for the pay period is noncovered employment. “Pay period” means a period of not more than a calendar month for which a payment or compensation is ordinarily made to the employee by the employer.“

    Looks complicated, right?  Right.  And in my experience, most farm employees and helpers helpers rarely go into a job thinking about Minnesota rule 268.035.

    Laws for Unemployment and Agriculture

    The rule every farm worker should review is whether they have a job that is “covered agricultural employment”.  Generally, there are two types of farm workers that meet this rule:

    • The worker was employed by a farm that paid $20,000 in wages during a 3 month window, or
    • The worker was employed by a farm that hired 4 or more workers during the calendar year.

    The best part about the above rule(s) is the fact the 4 or more workers are not required to work at the same time or during the same week.

    It is easy to panic about these rules because they are generally unanswerable from the outside looking in.  Do not freak out.  Many farms meet these rules.

    In fact, I think every worker should assume the farm they worked at or with satisfied one of the above elements.

    Farmer Workers Who Do Not Understand Unemployment Benefits

    Very few workers know the payroll status of the farm that they work at.  Instead, most workers are worried about whether they are getting paid and if their paycheck will bounce.

    If you have read other posts, you know I dislike the workforce center.

    On the other hand, I believe engaging the unemployment office to seek payroll verifications for covered agricultural workers is a necessary step in the unemployment application process.

    Unemployment for Farmers

    In Minnesota, unemployment for farmers and workers is a big deal because the growing season is short.  Assuming staff members are ineligible is a horrible strategy.

    Because the unemployment laws for agriculture support benefits and unclear at the sometime, I believe appealing these types of claims is even more significant.

  • 5 Ways Estate Planning and the NBA Draft are Different

    5 Ways Estate Planning and the NBA Draft are Different

    Estate planning is a wonderful thing.  But, who can focus on an estate when the NBA lottery is unfolding?

    If you are like me, seeing the cards for each franchise and pick is exciting for about a minute.  After that, reality sets in.

    Luckily, estate planning is a lot different than the NBA lottery.  Oh sure, a lottery can be exhilarating, but then, normal day stuff takes over.

    For this reason, I want to quickly identify 5 ways estate planning and the 2017 NBA lottery are different:

    5. Nobody other than my family, needs to know the plan (or pick).

    4. We can make choices without the permission of government (commissioner) rules.

    3. We are not dependent on ping-pong balls (lottery)  to decide our fate.

    2. We can make different choices than our family members (or other NBA teams).

    1. None of us can guarantee we will be here on June 22, 2017 ( date for the NBA draft).

  • Did Ransomware for Unemployment Just Get Real?

    Did Ransomware for Unemployment Just Get Real?

    Ransomware for unemployment benefits sounds crazy, but lets assume the threats of computer viruses and ransomware this week are real.

    Rhetorically speaking, what if benefits are impacted by a malware program?  Even worse, what if we cannot file an appeal or request benefits?  Lets develop a contingency plan supported by law.

    Will Ransomware for Unemployment impact a Request?

    As unlikely as it might be,  I believe knowing there are different methods of requesting benefits can offer relief.  A computer is not the only source for a weekly benefit request.

    Did you know Minnesota supports a request by phone?

    I encourage everybody to have this unemployment link printed out and on standby.  Assuming applicants are prepared, I do not think ransomware will impact the request process for weekly UI benefits.

    Ransomware for Unemployment Impacts Appeals

    Somebody out there has already thought about using ransomware as a reason why they didn’t file an appeal properly.  Otherwise, I am the only one.  Although this defense probably won’t work, consider this.

    Minnesota’s unemployment appeal process supports filing an appeal using other methods in addition to a computer.  For confirmation, check out unemployment law 268.103, which outlines different methods for applicants to file appeals.

    Unfortunately, the directions offered by the Work Force Center contradict the statute.  If you read my take on the Work Force Center, then perhaps you already knew my position on their website.

    Anyways, the point I am trying to make is this:  an appeal for benefits is unlikely going to be impacted by ransomware for unemployment because of the Minnesota law referenced above.  But, following the requirements within the statute are going to become critically important.

    Ransomware Final Point

    Nearly everybody seeking benefits is looking for work or jobs using a computer.  Incase your computer falls apart down the road, consider this outline to hedge against computer glitches.  And, be careful with your e-mail!  

    Despite these new stresses, I wish you the very best during your appeal process.

  • Time is Up and Still No Response

    Time is Up and Still No Response

    Getting no response from the unemployment law judge is as frustrating as it gets.

    First, appeals are stressful.  Second, the benefit is desperately needed.

    The applicable rule for timeliness is Minn. Stat. 268.105.  But, lets put the rules aside and simplify things.

    Untrue Rumors about No Response

    • No, a judge missing a deadline has little impact on the success of a claim.
    • No, a judge missing a deadline does not mean applicants obtain a default victory. On the other hand, if an applicant misses a deadline, it can have a detrimental impact.
    • No, asking for feedback on when a decision will be made does not turn a good case into a bad case.

    What to Do when you get No Response from the Judge

    There are a number of ways to solicit a response.  This includes:

    • Calling the Appeal Hotline
    • Asking a State Representative to contact DEED
    • Filing documents with a Court, and
    • Sending a letter by mail asking for feedback on a decision date.

    For cases still in the phone appeal or reconsideration process, sending a letter to the Chief Unemployment Law Judge and the Commissioner of DEED can move mountains!

    How Long does it Take?

    If you start asking friends, you will drive yourself crazy.  Really, it depends on the week and month.  In my experience, I have seen decisions rendered in days.  Other times, I have seen cases get lost for months.

    Over the last few years, I have seen a more efficient process and I am hopeful most folks will see a decision within a few weeks.  In fact, sometimes my Clients receive a lump sum benefit payment before they see something in writing.

    Again, as stressful as this process can be, patience is key.

    On the other hand, applicants should absolutely knock on doors, make phone calls and send letters to assure their case is still moving forward.

    Finally, stay positive.

  • Reduce Military Control over your Children

    Reduce Military Control over your Children

    As parents, it is both exciting and a feeling of helplessness when our children join the military.

    I am a huge proponent of our armed forces and believe there are certain estate planning documents younger people can use to help their parents talk with or step in front of Uncle Sam in case of injury or a medical issue.

    Thus, I encourage all military families to engage their adult children and consider:

    Yes, there are other documents to consider too.  But, this is a great start.

  • Traveling While Unemployed Sounded Like Fun

    Traveling While Unemployed Sounded Like Fun

    Traveling while unemployed becomes a bigger issue than it already is an when applicants in Minnesota get audited.

    Now that spring break has come and gone, I am getting phone calls from MN applicants looking for advisement on the availability statute.

    For those skipping spring break and moving directly into cabin season, remaining eligible for benefits in Minnesota can become cumbersome.

    Traveling While Unemployed

    Every successful case starts with detail.  Unfortunately, most applicants trying to prove eligibility fail to take their audit seriously and incorrectly consider other eligibility rules.

    Luckily, you are different.

  • Jobs After Graduating vs Graduating Failures

    I am excited for the Class of 2017.  For those looking for jobs after graduating, I believe signing a non-compete agreement is literally the worst first step a new graduate can make.

    In other words, a graduation failure.

    If your next job interview turns into a sneaky non-compete, yell stop and get it reviewed before proceeding.

    I wish you the best.

  • Updated Health Care Directive Requirements

    Updated Health Care Directive Requirements

    Health care directive requirements change often.  I challenge you to find your directive and make sure it included the following:

    • Dated,
    • Signed by the person making the declaration,
    • Includes updated health care needs,
    • Contact information for loved ones (like their new cell phone number) are accurate,
    • A copy was given to every doctor seen in the last few years, and
    • Signature was verified by a notary and two unrelated witnesses.
    Estate Planning Attorney

    Estate Planning

    Contact Now

    Luckily, Minnesota has a list of formal requirements under MN statute 145C and 253B.

  • Unemployment Stuck is a Messy Process

    Unemployment Stuck is a Messy Process

    Unemployment stuck describes the person who does not know how to proceed with their appeal.

    First, thank you for coming back to my site.  Second, yes, I am biased because I believe my insights and experience can become very valuable for many unemployed workers.

    I hope you contact me such that we can discuss how to become unstuck.

    Otherwise, please check out some of my videos and social media accounts to stay current on my unemployment updates.

  • Who Profits the Most when You to Die Without a Plan?

    Who Profits the Most when You to Die Without a Plan?

    Take a guess who profits the most when you die without a plan.  Yes, failing to make a plan might actually generate more revenue for attorneys and your family.

    So yes, die without a plan makes life better for everybody except  your family.

    On the other hand, I believe making choices today can be the saving grace for a happy family.” 

    Here are a few ways you help your family:

    • Giving them permission to transfer your stuff before entering a nursing home,
    • Picking a back-up guardian for your child,
    • Helping them determine whether you should be buried or cremated,
    • Picking a quarterback to facilitate your estate,
    • Picking a back-up quarterback to handle your estate,
    • Helping your family identify heirlooms (like wedding rings),
    • Identifying a home for your pets, and
    • Everything else.

    Of course, if your family member didn’t have a plan, Minnesota protects families from unreasonable probate costs.

    Die Without a Plan

    In case it isn’t obvious, no, I do not want you to die without a plan.  In fact, I think we can offer tremendous value to our families (small and large) when we give them help.

    Thus, please share this with others if you agree.

  • Do You Know the First rule for Unemployment?

    Do You Know the First rule for Unemployment?

    The first rule for unemployment benefits in Minnesota is record keeping.  Wait, you don’t expect an appeal or denial for benefits, right?  Whether this is accurate or not, nobody can stop an audit or appeal made by an employer.

    Thus, the first rule specific to eligibility for benefits in MN is the opportunity to create your own record for the discovery stage of an unemployment appeal.

    Record Keeping 101: First Unemployment Rule

    In my experience, there are two places an applicant can find records important to their claim or audit:

    • At work
    • At home.

    Sometimes, getting evidence from work is difficult (but not impossible).  For this reason, I love the idea of creating a log at home which includes:

    • Fresh notes from the events that led to a discharge,
    • Hours spent looking for a new job,
    • Jobs and careers that were pursued.

    Records at Work

    Sometimes, folks will contact me needing help with an employer who lies.  Other times, applicants seeking benefits in Minnesota need help tracking down an important e-mail or personal improvement plan.

    Luckily, Applicants can use the rules for a subpoena to their advantage.  Other times, Minnesota’s statutes on employment records and one’s right to obtain such records are even more significant support during the unemployment process.

    Records at Home:  Fresh Notes

    I know most people think they will never forget the events that led to their job ending.  However, my experience suggests otherwise.  It is very natural for details to fall to the wayside.

    As a result, take 15 minutes and type-up details like time of day, co-workers and their job title and or what you were working on at the time of the event.

    Records at Home:  Hours Spent Looking for a Job

    Ten years ago, it might have taken 10-15 hours of cold calling just to find a reasonable opportunity.  Now, we can set up instant notifications at nearly every job board and announcement on social media.  (By the way, did you check out the social media links and follow my feeds?)  If not, please check them out.

    Anyways, my point is this:  keep track of your records.  Efficiency is not a curse.  But, tending to your garden wile your phone is in your pocket likely is not a job search activity.

    Thus, keep your eye on the prize.

    Records at Home:  Job Applications and Resumes

    It is easy to log and track jobs sought because we can keep copies of resumes very easily.  Between screen grabs and the snipping tool on your computer, every online job submission should be easily obtainable.

    Not to mention, you are going to need this information as you follow-up with a phone call, e-mail, etc.  No, this is not a lost art and I think it is very important for applicants focused on a new job.

    First Rule for Unemployment in Minnesota

    I know the information identified above seems trivial.  As an unemployment lawyer, I see way to many appeals that might have been more successful had applicants kept better records.

    Of course, I believe there are other ways too improve a case, when applicants have problems with their claim.  Nonetheless, stay positive and I look forward to meeting with you if you see the need.

  • I Know the Path you should Take

    I Know the Path you should Take

    Which path is right for an appeal?  This process can be confusing and overwhelming.

    While you conduct research,  please drop me a line and give me an opportunity to review the pros and cons of your appeal.

    I wish you the very best.

  • Minnesota’s Rule on Informal Brief for Unemployment

    Minnesota’s Rule on Informal Brief for Unemployment

    An informal brief for unemployment is stressful because most times, it is the first time a person has ever written an informal brief. But,

    Personally, I have written and advised countless applicants in Minnesota, on this very issue.

    Thus, please allow me an opportunity to clear the air.

    Unemployment Lawyer

    Unemployment Help

    Contact Now

    Informal Brief for Unemployment – Most Important Piece

    In my opinion, the rules for an informal brief are second to the legal issues.  A legal issue is a topic or question reviewed by the Court.

    In many cases, if an applicant in Minnesota does not ask or present an issue, it might not get answered or reviewed.  As a result, making a list of questions is critical.  

    Then, I like the idea of adding or including these questions within a brief.  Public matters aside, this is a critical part of an informal brief for unemployment benefits.

    Informal Brief for Unemployment – One of My Jobs

    One of my jobs when I advise applicants is helping them identify the issues or questions that need to be presented.  Here are a few examples:

    The issue is whether the applicant quit or was discharged for employment misconduct”

    or

    The issue is whether the unemployment law judge made an error of law”

    Of course, there are an infinite number of issues that can be raised.  Selecting or identifying the most important issues will help an applicant in Minnesota appealing their claim have the greatest level of success.

    What is Not an Issue for an Informal Brief?

    In my experience, a lot of people appealing their benefits make the mistake of focusing on non-legal issues, like facts.  Now, I am not talking about evidentiary issues.  Instead, I am talking about whether an event was portrayed as a fact.  Here are a few examples:

    The issue is whether I was late to work”

    or

    The issue is whether I talked to my manager”

    These are not issues generally reviewed by Minnesota’s Court of Appeals.  Of course, there are exceptions and every case is different.  In other words, please consider contacting me directly, because I think my experience can be a game changer.

    Otherwise, here are additional free resources to check out.

  • Why thinking like an Unemployment Loser will help you Win

    Why thinking like an Unemployment Loser will help you Win

    Being an unemployment loser is painful.  I believe every worker deserves who quits or gets discharged deserves unemployment benefits.

    Even more, I believe approaching an appeal requires diligence and preparing for a victory.

    On the other hand, here is why I like the idea of thinking as a loser to help applicants be more successful.

    Unemployment loser with your application

    The first step in losing a claim is filling out an application for benefits as if you have no idea what the law is.  Every successful applicant should respond to their unemployment application as if Minnesota wants to prevent them from collecting benefits.

    There are two parties who want you to go away:

    • Your former employer, and
    • Minnesota.

    Okay, perhaps I am being a little drastic with Minnesota’s unemployment process.  However, let us not forget that THEY are the administer of benefits and have the power to prevent or stop future payments.

    For this reason, I encourage all applicants to know and understand rule 268.095 before filling out their application.

    Unemployment loser during your appeal hearing

    The second step in losing a claim for unemployment benefits is assuming an appeal is not in the cards.   In fact, earlier this week, a person told me they could not believe their approval for benefits turned into a denial of benefits.

    Here is why:  your former employer has a vested interest in whether you are successful.  Even if Minnesota approves your benefits and an applicant receives a letter stating they are eligible, a former employer has the right to file an appeal.

    Yes, an appeal hearing can be scary.  Phone hearings are scary because most applicants have never experienced:

    • Talking to a judge,
    • Being asked questions by their former employer, or
    • Making references to evidence in support of their rights.

    Regardless of a person’s level of experience, knowing the rules can greatly improve your process and mindset from an unemployment loser to an unemployment winner.

    You are not an unemployment loser

    I agree, using the term “unemployment loser” is very negative and I encourage every person seeking benefits to approach their application and appeal with purpose.

    On the other hand, I also encourage applicants, former employees or workers to approach their benefit process as if others are waiting for them to make a mistake.

    In other words, know why a question is being asked and try to familiarize yourself such that your responses are strong and supported by Minnesota unemployment laws.

    Reduce stress and anxiety

    Unemployment is stressful.  Please contact me, and we can discuss ways to improve your claim for benefits.

  • Minnesota’s Confusing Trustee Laws

    Minnesota’s Confusing Trustee Laws

    So, your Trustee is dead?  First, I sympathize with you and your family.  Second, lets assume the trust was valid.

    Generally, these are the next couple of steps:

    Trustee is Dead:  Do this while Alive

    If at all possible, I believe every trustee should have a backup plan.  In other words, have a conversation with the back-up trustee or successor trustee.

    During this conversation, make sure they are willing and able to step into the role when called upon.  If at all possible, keep accurate notes to help the back-up trustee step into your shoes.

    Trustee is Dead and I am the Backup

    For those stepping up because the trustee before them has since died, I think engaging professional advisement is always prudent.  After all, being a trustee is a lot of work.  And, having advisors like a financial planner, accountant and attorney can reduce problems.

    Trustee is Dead and I do Not Know What to Do

    Not knowing how to proceed is a common fear.  In my experience, the most surprising part is how much time the position of trustee can require.  Whether this means running mom to the doctor, paying her bills, keeping the house up or making sure her taxes are filed, it is an administrative task like none other.

    On the other hand, it is a lot easier than running to and from a probate court.  For this reason, a trustee that is no longer able to render services is a good problem to have.

    Am I Liable when my Trustee is Dead

    Here is the number one reason to jump on the transition process for a trustee:  liability.  Yes, trustees can become liable for errors and tardiness.

    Thus, the transition process should be engaged immediately.

  • Should You Transfer Your House and Avoid Probate in Minnesota?

    Should You Transfer Your House and Avoid Probate in Minnesota?

    How to transfer your house and avoid probate in Minnesota is a common question with situational or case by case results.

    The idea of forcing your family into probate when the process is so much easier while we are alive is a no brainer.  On the flip side, inheriting a mess is an ugly alternative.

    In my experience, it doesn’t matter if a family is young or old, rich or poor.  Everybody gets a choice, a few being very inexpensive!

    Here are  three really fantastic strategies to reduce problems with a family home:

    1. Joint Tenancy,
    2. Transfer on Death Deed (TODD), and
    3. Utilizing a revocable trust.

    Certainly, there are more than three options.  But, these are three of my favorites.

    Joint Tenancy to Avoid Probate

    Joint tenancy is a specific way to title a home.  Although this method does NOT reduce problems to a 0% percent chance, it can serve as a good step in the right direction.  

    The next question I hear is “how do I find out”?

    Generally, anybody can determine whether the deed to a house was titled joint tenancy by reading the deed.  

    For those who cannot find their deed, I encourage calling the real property department serving the county where the home is located.  

    A lot of people believe joint tenancy helps them avoid probate.  Again, this isn’t the case, but it is a god start because a joint tenancy supports a right of survivorship.

    Transfer Your House and Avoid Probate by using a TODD

    A transfer on death deed  does not necessarily help families avoid probate either.  

    However, these types of deeds are very inexpensive and help transfer a home quickly and efficiently in certain situations involving our death.

    If the person(s) receiving the property are still alive, then a TODD can be an effective tool.  If the person(s) receiving the property are not alive (dead), the effectiveness of a transfer on death deed has been defeated.

    Not to worry, because there are other options to reduce this problem too.  

    Transfer Your House and Avoid Probate with a Trust

    I love revocable trusts for a whole lot of reasons.  Most families can use this type of estate planning document to their advantage.

    Whether a trust can help depends on the documents being properly funded and:

    • Assumes the trustee doesn’t engage in mischief,
    • Beneficiaries are easily identified, and
    • There is a trustee.

    Wait, you are concerned about a crazy family member?  The idea of meeting one-in-one is to flush out these issues.

    Thus, this type of document is the preferred method of reducing problems.

    Leaving It Up To Chance

    I close with this:  none of us know how things are going to end.  

    Money and cost is always important.

     Luckily, there are excellent alternatives to the process of leaving everything to chance. 

  • Legal Research for Minnesota Unemployment Cases

    Legal Research for Minnesota Unemployment Cases

    Conducting legal research on unemployment cases in Minnesota is as easy as viewing case archives using this database.

    On the other hand,  I think a stronger position is asking for help.

  • Picking the Wrong UI Identification Number

    Picking the Wrong UI Identification Number

    UI identification numbers are a big deal when a person appeals their case.  In my experience, there are three reasons why people fail with this issue:

    • They use the wrong id number,
    • People confuse the document number with the issue number, and
    • Applicants don’t realize they have more than one number for their case.

    Thus, lets explore these problem areas one by one.

    UI Identification Number:  The Wrong Number

    Anybody who has received more than one letter from the unemployment office on any given day can confuse their case number with something else.  For one, the number is random.  Second, very few people have experience with a claim for benefits.

    Luckily, we can set the record straight by accessing the on-line account.  Upon doing so and clicking around a bit, eventually a person will find a long number that looks like a social security number, but isn’t.  Generally, this is what is called an issue identification number.

    Now, the confusing part comes when applicants confuse a  “document id number” on a letter they received with the actual issue number for their unemployment account.

    ** Do not confuse the document number with an issue id number **

    UI identification Number:  More than One Number

    Here is another problem I see:  applicants seeking benefits sometimes think they have one claim with one number.  Unfortunately, this isn’t always the case.

    The way I look at it is this:  every time the unemployment office has a question about a person’s case, they will assign an identification number.

    Sometimes, questions can appear related.  For example, fraud and an overpayment issue.  Or, an earnings issue with a discharge issue.  Always look for more than one issue ID number.

    Here is another surprise.  Applicants can have dozens of issue identification numbers assigned to their benefit account.  In this situation, managing records is even more critical.

    So far so good, right?  Just wait to see what I fear the most.

    UI Identification Number:  One of My Biggest Fears

    My biggest fear for Applicants is the failure to appeal one or all of their unemployment issue identification numbers.

    I have advised far to many people who have made errors in their appeal filing.  For this reason, please be cautious and prudent.

    Therefore, do not confuse the document number with an issue id number.

  • Avoid Probate For Your Cabin In 6 Simple Ways

    Avoid Probate For Your Cabin In 6 Simple Ways

    You can help avoid probate for a cabin by utilizing a number of estate planning techniques and tools. Of course, there are pros and cons to each, as one size doesn’t fit all.

    In no particular order, here are the 5 ways:

    1. Grantor Retained Annuity Trust (GRAT).
    2. Record a transfer on death deed (TODD)
    3. Transfer the cabin into a Cabin Trust
    4. Have an entity (like an LLC) own the Cabin
    5. Deed or transfer the cabin now, while reserving a life-estate
    6. Sell the family cabin before death (Death Clock).
  • Did you Keep Unemployment Records from your Appeal?

    Did you Keep Unemployment Records from your Appeal?

    Nobody wants to keep unemployment records.  In fact, nobody wants to be unemployed.  Minnesota unemployment laws change on a yearly basis.

    As a result, I like the idea of keeping records for 10 years.

    Which Records should we Keep?

    All of them.  This includes but is not limited to:

    • Papers documenting a job loss
    • Copies of an initial application
    • Personal notes outlining when a person may have contacted the unemployment office
    • Any exhibit attached to an appeal
    • A formal decision rendered by an unemployment law judge

    Why Keep Unemployment Records?

    Anybody receiving unemployment benefits is prone to an audit.  Even worse, everybody is vulnerable to a fraud allegation. Because unemployment fraud is a big problem in Minnesota, all applicants are at risk of being accused of something they did not engage.

    Look, I wish this wasn’t true.  As we can see, Minnesota had a 10.377% overpayment rate for the 3rd quarter in 2016.  From my estimate, Minnesota’s unemployment office believes 1 out of 10 applicants acquired benefits incorrectly.

    Thus, keep unemployment records just in case.

    No Harm in Keeping Unemployment Records

    Keeping paper documents is easy.  You place them in a folder and attach the folder to yearly tax records.  Otherwise, scanning documents makes the process of keeping records even more accessible.

    Because the burden is small, there isn’t any harm in keeping records.

    Lots of Harm for no records

    On the other hand, if a person doesn’t have key documents to support their claim, damages may include:

    Therefore, I am in favor of keeping records for at least 10 years.  Maybe even longer as the process to collect electronic information becomes easier and easier.

    I wish you the very best.

  • Registered Will Required?

    Registered Will Required?

    A registered will is the process of taking a valid will and filing or depositing it with a Court.  Minnesota’s law supporting a deposited will falls under rule 524.2-515.

    On the other hand, I still find myself questioning whether this is a good idea or bad idea.

    Registered Will:  Bad Idea

    The families and veterans I serve always ask where they should store their will.  Everybody, including myself, can become stressed over the idea of loosing our documents to fire or other means.  Today, we have more technology savvy opportunities to prevent this from occurring.

    For myself, I believe it is a bad idea to register a will because I do not want my intimate estate plans shared with a court unless absolutely necessary.  For this one reason, it might be a bad idea to deposit a will with a court.

    The second reason why this might be a bad idea is because I want freedom to make changes to my plan without running to the local court-house and making a day of it.

    Third, who is to say the court won’t  lose it too?  In case it was forgotten, our government lost critical records in the past and it wouldn’t surprise me if it happens again.  Minnesota high schools are being exploited by children.  Target Corporation was hacked.  Very likely, evil people are trying to break into our ancillary documents too.

    Fourth, it gives me heartburn wondering whether people are snooping through records.  Like you, I have nothing to hide.  But, our privacy is slipping away and I do not want a court filing to turn into a bigger deal.

    Registered Will:  Good Idea

    A good reason to deposit a will with a court while I am still living is because I do not want my greedy family to make changes without my knowledge.  Of course I joke about my family being greedy.  But, we all know a person who might be tempted to edit our will without our consent.

    A second reason a registered will in Minnesota is a good idea is because we are fearful of fire or theft.  Buying a fire-proof safe is expensive.  Buying a safe deposit box is a hassle.  Maybe just maybe using a court to keep it safe is a good idea.

    A third reason why giving my will to a court to keep during my lifetime is because I know where it is.  The feeling of losing a document or having a document stolen can be unsettling.

    A fourth reason why registering my will with a court is a good idea is because it puts my creditors on notice without making my personal representative rush to a court-house days after I die.

    Register my Will in Minnesota

    On second thought, maybe giving my will during my lifetime sounds like a really good idea.  On the other hand, I still like my privacy (dead or alive) even more.

    If you are a Veteran and have time, I addressed a similar issue with our DD 214 document.

    Otherwise, I wish you the very best.

  • 10 Fast Overpayment Options for your Unemployment Claim

    10 Fast Overpayment Options for your Unemployment Claim

    Yes, people have unemployment overpayment options.  I know this is a very stressful issue.

    Because  many people with claims from  Minnesotan are given horrible feedback,  lets quickly identify potential responses.

    Unemployment Lawyer

    Unemployment Help

    Contact Now

    Easy Overpayment Options

    • Appeal the overpayment and fight like mad
    • Show the unemployment office why their overpayment claim is a mistake
    • Seek a reduced repayment plan
    • Use current benefits to repay past due amounts
    • Acquire a loan from a bank and apply it to an overpayment [in most cases, this is a bad idea]

    Hard Overpayment Options

    • Show the unemployment office why their overpayment claim is a mistake
    • Wait for a garnishment (taxes or wages) and hope that helps
    • Acquire a loan from a bank and apply it to an overpayment
    • Consider bankruptcy
    • Do nothing and live in fear

    Other Overpayment Options

    Unfortunately, these types of unemployment problems are getting worse. Even so, there are a couple of stronger responses that I classify as significant unemployment overpayment options, but these are going to apply on a case-by-case basis.

  • Epilepsy Estate Planning Questions and Answers

    Epilepsy Estate Planning Questions and Answers

    In a recent class, I was asked about an estate plan for a person with Epilepsy.

    In hindsight, I could have offered a better answer to our discussion regarding capacity and sound mind.

    Thus, please allow me an opportunity to identify some ancillary support to families trying to manage this very difficult medical condition.

    Epilepsy Estate Plans – A Suggestion

    No, there isn’t a specific will or estate plan exclusive to a person with this condition.  Instead, the goal of any plan is to draft documents that encompass as many issues as  possible,  epilepsy and then some.

    When a person’s cognitive ability is lacking or prevents them from doing certain things, I believe a strong approach to an estate plan is  asking for help from the  doctor offering care.  In other words, asking a doctor to render a written medical opinion on whether a person is of sound mind.  Then, asking the doctor to attach their favorable  medical opinion to the patient’s chart or medical records.

    Epilepsy Estate Plan Rules

    Again, there isn’t a specific law exclusive to epilepsy.  That said, Minnesota identifies a sound mind standard for people wishing to create a will under rule 524.2-501.

    If a doctor cannot opine on the mental capacity of a person because capacity is lacking, very likely the sound mind standard I keep referencing is insufficient.  Not always, but the process will be difficult.

    On the other hand, a moment of clarity or a moment supporting a sound mind is all that is required.  The trick is knowing about or finding this moment.

    Epilepsy Estate Plans – Mental Capacity

    I believe one of the better approaches to meet  a mental threshold is asking a  doctor to offer their  written opinion. Without question, the doctor’s written medical opinion should be included as a condition of the will and including the doctor’s signature as support for validation.  Why?  To reduce the risk of a challenge.

    Epilepsy Estate Issues – More Thoughts

    We as human beings are doing the best we can to manage difficult scenarios.  If we catch medical issues, this can help us plan accordingly.  When we are surprised on a Tuesday afternoon, Minnesota supports a process for self-proved wills.

    As you might guess,  I am a huge proponent of planning.  But, planning isn’t always possible.  If everything seems to be falling apart at the same time,  personally, I turn my  attention towards acts of unconditional love and faith.

    I wish you the very best.

  • Why Getting Unemployment Mail is Worse than Junk Mail

    Why Getting Unemployment Mail is Worse than Junk Mail

    Unemployment mail from the office in Minnesota is horrible.  First, it never shows up.  Second, it often gets lost.  Third, their letters can sometimes bring bad news.

    Now, imagine getting a letter in 6-8 years telling you that the once lost letter has reappeared.  For this group of people, this can feel worse than falling of a bike.

    Because I field a number of phone calls inquiring about their rights, I wanted to offer a public service announcement about unemployment mail:  open it.

    Unemployment Mail:  What does it look like?

    Whether your letters are small, large, thin or thick, most communications from Minnesota’s unemployment office comes in two forms:

    • White envelopes with big red letters
    • Large yellow envelopes.

    Regardless of the letter’s color, open it.

    Unemployment Mail:  Why am I getting duplicates?

    A common complaint I receive comes from folks suggesting they received the same letter on more than one occasion or their questionnaire was duplicated.

    In my experience, a duplicate letter often means a person has more than one unemployment issue assigned to their claim.  Even though the claim might stem from the same job, each claim should be approached as a different problem.

    For those wondering whether they have more than one claim, I encourage folks to log into their account and look for long numbers under the “determination and issues” tab.  What might look like a serial number or a number that doesn’t look important is actually a significant clue in reducing confusion.

    Thus, do not let duplication prevent you from opening it.

    Unemployment Mail:  If I don’t open it, then I never received it

    If this was the case, then none of us would be on the hook for our bills.  Just because a person doesn’t open their mail sent by Minnesota’s unemployment office, doesn’t mean it was never sent.

    Thus, open it.

    Unemployment Mail:  I really didn’t get their letter

    Yes, I see this problem too, which means  it definitely happens.  For those who truly never received a letter, I believe seeking due process or demanding proper notice from the unemployment office is necessary.

    Improper notice is a breach of our constitutional rights.

    Thus, a person cannot open what you never received.

    Unemployment Mail:  What do I do with it?

    Like many others, reducing clutter often starts with a stack of mail.  Regardless, we live in a world that almost demands proving our every step.  Personally, I love the idea of keeping copies of every letter sent by the unemployment office.

    Really, this is easier than it sounds.  I encourage folks to keep their notices and communications in the same spot they might keep tax forms.  For those that do not keep their taxes or unemployment mail, today is the day you are going to start, right?

  • Why the Unemployment Office Slow in Responding to my Appeal?

    Why the Unemployment Office Slow in Responding to my Appeal?

    Unemployment office slow is going to take on a new meaning after you read about this.  If you call Minnesota’s unemployment office directly, they will tell you otherwise, but my opinion still stands.

    Unfortunately, slow can turn into lost.  Thus, I wanted to address why or how a person can help their slow or lost appeal.

    Unemployment Office Slow:  Their Deadlines

    Yes, every element of the appeal process has deadlines.  From an applicant’s perspective, deadlines are strictly enforced.  From the perspective of DEED, deadlines waiver.  But, let’s be very real:  I would rather see the process move along slow with the right decision versus a fast response with the wrong decision.

    Thus, have faith that they will get it right.

    Unemployment Office Slow:  My Experiences

    In my experience, I have seen the unemployment office blow right past the deadlines outlined under rule 268.105.  In my early years, I recall waiting for one case nearly three months longer than it should have taken.

    Now, I think the best strategy is to follow-up with the assigned judge and unemployment appeal’s office the second something doesn’t look right.

    Unemployment Office Slow:  What to Do?

    In my experience, the type of appeal a person is experiencing will dictate how to proceed.

    That said, the type of appeal most often impacted by a slow response or lost response is a Request for Reconsideration.  I suggest doing two (2) things to combat a slow or lost reconsideration:

    • Contact the unemployment appeal hotline and confirm they received the filing, and
    • Send a letter to the Unemployment Law Judge assigned to the case and ask for confirmation that a decision is forthcoming.

    Unemployment Office Slow:  Don’t Do This

    I know you need this benefit and bills cannot wait.  Please, stay the course and do not give up.   This means keep requesting benefits (assuming you meet the conditions).

    Did I mention not giving up

  • Are these 5 Minnesota Bequest Categories Part of Your Estate?

    Are these 5 Minnesota Bequest Categories Part of Your Estate?

    A Minnesota bequest is a gift of property.  Every person I advise who is wishing to create an estate plan must think through how they want their property and stuff gifted or transferred onto the next person or generation.  Generally, this can be a difficult thing to do if you have not given it consistent thought.

    When I meet with a person for the first time, I challenge them to place a gift into five categories:

    • Necessity,
    • Cash Gift,
    • Sentimental Value,
    • Pets, and
    • Our Organs.

    If my Clients are not able to label their gifts under one of these five categories, I encourage them to simplify.  Here is what I mean:

    Minnesota Bequests: Necessity

    My favorite gift to add to a person’s estate is a gift of necessity because a bequest of this kind generally has a significant impact on the beneficiary.

    For example, I recently had a Client who owned a hutch and matching kitchen table.  Because the person’s adult child did not have a kitchen table, gifting their kitchen table was important.

    On the other hand, sometimes gifting a person’s possessions onto their favorite charity is more significant because it takes the guess work out of the organization mom or dad wanted to help.

    Thus, a bequest in MN based on necessity can go both ways.

    Minnesota Bequest:  Cash Gift

    Gifting cash to an organization (a church or non-profit), friend or family member is another popular gift.  In fact, it seems to be as popular while we are alive as it is when we are dead.  

    Gifting cash is a process that requires thought too because most people experience their greatest expense during the last 6 months of life.

    Yes, sometimes placing money in an irrevocable trust makes sense because we know it will transfer accordingly.  On the other hand, being comfortable in a setting that we worked hard to achieve can also have value.

    Thus, making a cash bequest is not always as straight forward as it might appear.

    Minnesota Bequest:  Sentimental Value

    Buried wedding rings

    As you might expect, anything you own can acquire  a memory or event generally described as sentimental value.  

    Some of my favorite sentimental gifts include:

    • Wedding Rings,
    • Military Medals,
    • And baseball card collections.

    Thus, a gift or bequest that carry sentimental value are sometimes even more important than cash or other gifts described herein.

    Minnesota Bequest: Pets

    Your pet is a member of your family.  It doesn’t seem right to view our pets as a gift or bequest.  Right or wrong, pets are viewed as property.

    I believe the best way to assure a pet is cared for by a person you know and trust is through the gifting clause of a will or trust.  Generally, I like the idea of attaching a small monetary gift to a pet as well such that they are properly cared for by an animal doctor.

    MN Bequests: Organs

    Every person and faith has a different perspective on gifting organs.  Generally, I discourage Clients from making organ donations inside their will.

    Instead, I think the best way to handle organ donation is through:

    • Health Care Directive (also called a living will), or
    • An exclusive directive like that used by a specific entity or university.

    Final Thoughts

    If you stuck with me to the end, thank you.  Everybody is different and all of us have the ability to identify a gift.

    That said, I think associating a gift with one of the five categories referenced above makes this process easier to think about.

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

    Can Poor Mouthing Help you Win your Appeal for Benefits?

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

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

    Where did Poor Mouthing Come From?

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

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

    Regardless, this strategy has been used before.

    Poor Mouthing on an Appeal

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

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

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

    Poor Mouthing – Is it ever a good idea?

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

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

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

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

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

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

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

  • Fist Fights over Cranky Creditor Probate Claims

    Fist Fights over Cranky Creditor Probate Claims

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

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

    Imagine if…

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

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

    Creditor Probate Claims – 1st Priority

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

    2nd Priority of Creditor Probate Claims

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

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

    The IRS wants their cut too

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

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

    Medical Bills

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

    Minnesota is in 6th Place

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

    Creditor Probate Claims for everybody else

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

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

  • Being Unemployed with Children is not the End

    Being Unemployed with Children is not the End

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

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

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

    Unemployed with Children:  Game Plan 101

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

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

  • Save Unemployment by Doing 3 Things

    Save Unemployment by Doing 3 Things

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

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

    Save Unemployment by Requesting a copy of your File

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

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

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

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

    Save Unemployment by asking for the Truthful Reason of your discharge

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

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

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

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

    Save Unemployment by using Words from Minnesota Statute 268.095

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

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

    Final Thoughts

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

  • Unemployment Laws in MN Everybody Forgets

    Unemployment Laws in MN Everybody Forgets

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

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

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

    Unemployment Laws:  Where Are They?

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

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

    Unemployment Laws:  Rules of Importance

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

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

    Unemployment Laws:  Bad News

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

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

    Unemployment Laws:  Good News

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

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