Author: Jasper Berg, J.D.

  • Accessing Facebook For Deceased Family

    Accessing Facebook For Deceased Family

    Accessing Facebook for deceased family members can be critical for the estate planning process. Of course, after a family member dies, we want to connect with everyone who was their friend or family. For this, Facebook can be very important.

    That said, consider everything else, like photos, birthdates, and important dates. When our family members die, their digital assets need unlocking.

    In the digital age, our online presence has become an integral part of our identity. Social media platforms, such as Facebook, play a significant role in connecting people, sharing memories, and preserving a digital legacy. However, when a loved one passes away, accessing their Facebook account to manage or memorialize it can present unique challenges.

    In this article, I will explore the steps and considerations for accessing Facebook on behalf of a deceased family member.

    Facebook’s Memorialization Feature

    Every social platform comes with a set of challenges. Facebook claims they recognizes the delicate nature of dealing with a deceased user’s account and has introduced a memorialization feature. Their memorial tool allows family members and friends to request the memorialization of a deceased person’s account. Once memorialized, the account serves as a place for friends to share memories, but no one can log in or make changes to the account.

    Accessing Facebook for deceased family members is frustrating. Without taking into consideration specific digital asset laws, a personal representative or trustee can also ask for help during the probate process. When time is of the essence, probate isn’t always the best first step.

    Requesting Memorialization

    To initiate the memorialization process on Facebook, consider these steps:

    1. Verification of Relationship:
      • Facebook requires verification of the requester’s relationship to the deceased. This can be done by providing the deceased person’s obituary, a link to an online memorial, or other documentation.
      • Do not go crazy with your verification. Sending a copy of an entire trust document is never recommended. More so, dates of birth and social security numbers must be protected.
    2. Submit a Request:
      • Use Facebook’s online form to submit a request for memorialization. The form includes details such as the deceased person’s name, account URL, and the relationship to the requester.
    3. Provide Proof of Death:
      • Facebook requires proof of the person’s passing, usually in the form of an obituary.
      • Likely, the idea of accessing Facebook for deceased family members is in preparation of a funeral. Facebook is not your friend and you should never freely send off an official document like a Death Certificate.
    4. Await Confirmation:
      • Facebook reviews the submitted information and, upon approval, memorializes the account. The requester will receive a confirmation email once this process is complete.

    Legacy Contacts

    In addition to memorialization, Facebook says they grant users an opportunity to appoint a “legacy contact” before their passing. A legacy contact is someone designated to manage the memorialized account, post information, and respond to friend requests.

    Unfortunately, this usually goes bad when the legacy contact doesn’t align with certain estate planning documents.

    Conclusion

    Accessing Facebook for deceased family members requires a delicate balance of law, respect, adherence to platform policies, and a careful approach to preserving a digital legacy.

    By following the memorialization process and considering the legacy contact option, you can navigate this challenging task with sensitivity and honor the memory of your loved one in the digital realm. If you cannot, perhaps that is a signal for additional support.

  • How to Appeal Unemployment

    How to Appeal Unemployment

    How to appeal unemployment really depends on the person. Most often, this question come up when a person is trying to decide what to write as their appeal. Other people have problems accessing their online account and literally cannot figure out how to make it work.

    Before contacting the Work Force Center, consider engaging an unemployment lawyer for help.

    In Minnesota, there are three ways file an appeal for unemployment:  online, mail, and fax.  Because of the severity of a negative outcome, please treat this element of the process with respect.

    An appeal for unemployment appeal should be viewed as a complicated legal procedure. That said, it isn’t because a person cannot do this on their own. Instead, it has more to do with protecting a person in favor of awarding benefits.

    Appealing Unemployment Online

    Deciding to appeal a claim online has advantages. Of course, there are disadvantages too. It really depends on the situation for the applicant.

    How to Appeal Unemployment
    How to Appeal Unemployment

    A lot of times, how to appeal unemployment online is strange because many people have never done this before. What will the next screen say if you click here or there? Unfortunately, this is where seeking help might make sense.

    When filing an online appeal, actions get triggered and the process moves onto other steps. If you have not made decisions about evidence, perhaps this should be considered first.

    Unemployment Deadlines

    Yes, there are deadlines for filing an unemployment appeal. In a perfect world, everybody would file their appeal before the statutory deadline. But. things happen and sometimes I need to explore and pinpoint legal reason why an unemployment appeal should be accepted after the deadline.

    If a deadline is impacting how to appeal unemployment, consider seeking a professional opinion.

    Unfortunately, the people answering the phone system at Minnesota’s Department of Employment and Economic Development (“DEED“) are not up to speed on the legal reasons for accepting an appeal after time has expired.

    After You Appeal Unemployment

    After you file an appeal, Minnesota DEED should schedule an evidentiary hearing in front of an unemployment law judge (ULJ). That said, the unemployment office looses things, forgets things, and sometimes fails to send out information by mail.

    In any of these situations are you, thinking the situation will fix itself isn’t always the strongest position.

  • Estate Planning for a Family in Osseo

    Osseo, Minnesota is a beautiful area. Recently, my estate planning practice brought me to Osseo, and I could not have been more pleasantly surprised. After inadvertently running into a gigantic monument in support of those that served, I was hooked.

    One of the standout qualities of Osseo is its strong sense of community. Even though I missed the Osseo Lions Roar, a celebration of heritage and values, I felt the warmth of those who make this area a wonderful spot.

    As you can imagine, estate planning covers a lot of ground and follows our beneficiaries. Whether our children or grandchildren are in Osseo or elsewhere, the idea is offering them the flexibility to come and go as needed.

    Hopefully, your beneficiaries continue the tradition and legacy you helped build. If they don’t, there is a plan for that too.

  • Home Accidents For Older Adults

    Home accidents are a common concern for older adults. Aging can bring physical changes that may increase the risk of falls, burns, and other accidents in the home. Luckily, an intentionally drafted health care directive and or HIPAA authorization form can help when an accident occurs.

    According to the Centers for Disease Control and Prevention (CDC), falls are the leading cause of fatal and non-fatal injuries among older adults. Falls can result in serious injuries such as hip fractures, head trauma, and other health complications. Falls can be caused by slippery floors, cluttered spaces, poor lighting, and uneven surfaces, among other factors. To prevent falls, it is important to remove tripping hazards, install handrails and grab bars, and ensure that lighting is adequate throughout the home.

    Does grandma forget to turn off the gas stove? Burns are also a common risk for the elderly, especially in the kitchen or while using hot water. To prevent home accidents like burns, it is important to keep hot surfaces and appliances out of reach, and to set water heaters to a safe temperature.

    Additionally, home-related accidents can occur from a lack of home maintenance, such as broken stairs or handrails, faulty electrical wiring, or plumbing leaks. Regular home inspections and repairs can help prevent accidents and promote a safer home environment for the elderly.

    Top 9 Home Accidents for the Elderly

    Here are nine of the most common injuries for the elderly:

    • Falls: Falls are the most common cause of injury among the elderly. Falls can lead to broken bones, head injuries, and other serious injuries.
    • Fractures: Fractures are common among the elderly due to the loss of bone density that occurs with aging.
    • Burns: Burns can occur from cooking, bathing, or other daily activities and can be especially dangerous for the elderly who may have slower reflexes or decreased sensation.
    • Cuts and Bruises: Cuts and bruises can occur from falls, accidents, or minor injuries. The elderly may have thinner skin, making them more susceptible to cuts and bruises.
    • Brain Injuries: Traumatic brain injury can occur from falls or other accidents and can be especially dangerous for the elderly.
    • Hip Fractures: Hip fractures are a common injury among the elderly, especially women.
    • Sprains and Strains: Sprains and strains can occur from overuse or injury and can be especially painful for the elderly.
    • Joint Dislocation: Joint dislocation can occur from falls or other accidents and can be especially painful for the elderly.
    • Bedsores: Bedsores can occur from prolonged pressure on the skin and can be a serious concern for the elderly who are bedridden or have limited mobility.

    It’s important to note that the risk of injury can be reduced by taking steps to prevent falls, maintaining a healthy lifestyle, and seeking prompt medical attention for any injuries or health concerns.

    Overall, taking steps to reduce home-related accidents is crucial for the elderly. By being aware of the risks and taking preventative measures, caregivers and family members can help ensure the safety and well-being of their loved ones.

  • Updating A Will Is Like Gardening

    Updating A Will Is Like Gardening

    Updating a will is much like gardening.  Focus on each plant as it pertains to the entire garden. Attack weeds as you see them, and never underestimate the power of care.  In terms of an estate planning document, here are a few reasons why a will should be revisited, reviewed, and or revised: 

    • Changes in Minnesota Law,
    • Changes in Federal Law,
    • Family Births or Adoptions
    • Injuries, health problems, or deaths to an agent or Personal Representative,
    • Aging with new ideas and thoughts,
    • Retirement from the Military,
    • Change in finances or assets.

    More Reasons to Amend a Will

    • Restructuring tax allocations,
    • Adding or amending a trust,
    • The purchase of life insurance or more sophisticated financial products,
    • Marital changes or the death of a spouse,
    • Fallout with friends or family,
    • International travel,
    • A change to agents, beneficiaries, and guardians,
    • Moving to a new residence.

  • Parents Move Back And Stress Is High

    Parents move back.  When Mom and Dad return from their retirement locations, the issue is generally a health matter.  For others, it is the loss of a spouse.  At first, the traveling to and from was time consuming, but easy.  Now, the distance that wasn’t a big deal a few years ago, as turned into worry, stress, and a problem. 

    In elder law terms, reverse migration is the process of a family member needing to return from their once ideal location.  When parents move back, whether moving from Florida, Texas, Arizona, finding opportunities to make this easy helps everybody involved. 

    Before parents move back, prepare.  Instead of waiting for a health crisis and moving a sick or ill person a long distance, talk with your parents about their health needs.  Even better, double and triple check that a health care agent was designated, and they have HIPAA authorizations in place. 

    For those who do not have time to prepare, is there an opportunity for a trusted adult to make financial and legal decisions?  Unfortunately, a durable power of attorney drafted in one state, may not be valid or accepted in another state.  Are key documents outdated?  Certainly, addressing these issues are as relevant as determining how to care for mom and dad. 

    As parents move back, ask them whether they planned for long-term care costs or considered a Medicaid Trust their assets? Do they have long-term care insurance, and if so, do they have copies of their policy? 

    There will be many moving parts if it is time to move parents from a distance. As I am sure you are aware, the process of helping a parent to decide on a move and parting with their friends, stuff, and environment can be overwhelming.  Whether you have time or time is of the essence, parents moving can be stressful, but less challenging with key planning documents are put into action. 

  • Famous Estate Plans Gone Bad

    Famous Estate Plans Gone Bad

    Famous estate planning cases are known for their money. However, the real reason famous cases go bad, is due to their poor planning. Here is a brief list of some very notable estates gone wrong:

    1. Estate of Duke v. Commissioner: This case involved the estate of Doris Duke, one of the wealthiest women in the world at the time of her death. The case centered around the valuation of her estate for tax purposes.
    2. Estate of Michael Jackson v. Commissioner: This case involved the estate of the late pop star Michael Jackson and focused on the value of his name and likeness for estate tax purposes.
    3. Estate of Ted Turner v. Commissioner: This case was interesting because Ted Turner is presently, still alive. Nonetheless, it involved the estate of a media mogul that centered around the valuation of his ranches for estate tax purposes.
    4. Estate of Elvis Presley v. Commissioner: This famous estate involved the legendary singer and actor Elvis Presley and focused on the valuation of his image and likeness. Something any social influencer may want to consider for themselves too.
    5. Estate of J. Paul Getty v. Commissioner: This case involved the estate of oil tycoon J. Paul Getty and centered around the valuation of his art collection for estate tax purposes.
    6. Estate of Ray Charles Robinson v. Commissioner: This case involved the estate of the late musician Ray Charles and focused on the value of his copyrights for estate tax purposes.
    7. Estate of Richard Mellon Scaife v. Commissioner: This famous estate involved the estate of billionaire Richard Mellon Scaife and centered around the valuation of his personal residence. When ever we start talking about personal residence, we also must consider whether the right state was picked as their primary domicile.
    8. Estate of Brooke Astor v. Marshall: This case involved the estate of philanthropist Brooke Astor and focused on allegations of fraud and undue influence in her estate plan.
    9. Estate of Anna Nicole Smith v. Marshall: This was an issue about a surviving spouse. Of course, it focused on the late model and actress Anna Nicole Smith and centered around her claim to a portion of her late husband’s estate.
    10. Estate of Marilyn Monroe v. Miller: This case involved the estate of the iconic actress Marilyn Monroe and focused on the ownership of her image rights.
    11. Prince. Unfortunately, this case was a disaster from the very start. Very poor planning strategies considered by the late great Prince.

    Of course, there are many other famous estate planning matters. That said, a short list of cases that shaped the field of estate planning over the years.

  • Simple Will in Minnesota

    Simple Will in Minnesota

    Simple Will in Minnesota: An Introduction

    A simple will in Minnesota is hardly simple. Some legal professionals call a simple will a basic will. Either way, the idea is to provide an outright disposition of property, while naming a specific personal representative.

    Both a single person and married couple can utilize a basic will to address their planning goals. On the other hand, having children or an interesting family dynamic is a greater reason to avoid simplifying your planning needs.

    Basic Functions of a Simple Will in Minnesota

    The basic functions of a simplified will is mostly timing and money. In other words, time is of the essence and financial resources are limited.

    Key Elements of a Simple Will

    Of course, every lawyer drafting a simple will may approach this type of document differently. Nonetheless, this law office will include a revocation clause for past implemented documents, identify a guardian of a minor child, and outline the executors or personal representative.

    Revocation Clause for a Simple Will in Minnesota

    Every will should have a revocation clause. In other words, a clause that revokes any and all previous wills. Hopefully the reason for this is obvious. If not, the point of making this an expressed clause is to reduce litigation.

    Naming a Guardian in a Will

    Naming a guardian in a will is crucial for ensuring the welfare of minor children. It provides clarity and legal validity, avoiding potential disputes over custody.

    By specifying a trusted individual, parents can ensure their children are cared for by someone familiar with their values and wishes. This decision allows parents to consider various factors such as parenting style, religious beliefs, and financial stability.

    Moreover, it offers peace of mind in unforeseen circumstances, assuring continuity of care. Overall, naming a guardian in a will offers a concrete plan for the well-being and upbringing of children, providing a crucial safeguard for their future.

    Personal Representatives For a Simple Will

    Assuming a basic or simple will in Minnesota is utilized, the next matter is generally designating as the personal representative.  A personal representative is the person you has an opportunity to administer an estate upon seeking a Probate Court’s approval.

    Free Forms and Services for a Simple Will in Minnesota

    It is the opinion of this law office that utilizing free forms and services for a simple will in Minnesota is setting up an estate for massive problems.

    Fill In the Blank Forms

    Using a fill-in-the-blank will template may seem convenient, but it often leads to significant drawbacks. Firstly, such templates lack customization, failing to address individual circumstances and specific wishes adequately. Legal nuances and requirements vary widely by jurisdiction, rendering generic forms potentially invalid or insufficient.

    Also, they often overlook crucial clauses for contingencies like simultaneous death or incapacitation, leaving estates vulnerable to complications or disputes. Additionally, DIY wills offer no legal guidance, increasing the risk of errors or omissions that could invalidate the document or lead to unintended consequences.

    Ultimately, relying on a fill-in-the-blank will poses substantial risks to estate planning effectiveness and legal validity.

    Free or Pro Bono Simple Will

    I cannot tell you how many times I have been approached by police officers, fire fighters, EMT, and members of the armed forces asking me to review their Wills for Heroes or local JAG office, only to find massive errors.

    While pro bono wills aim to provide legal assistance to those in need, they often come with significant drawbacks. Limited resources and time constraints may result in rushed or incomplete documents, lacking thorough consideration of individual circumstances.

    Lawyers offering pro bono services might lack expertise in estate planning, increasing the risk of errors or oversights that could render the will invalid or lead to unintended consequences.

    Furthermore, without proper compensation, there may be little incentive for attorneys to dedicate sufficient attention to pro bono cases, potentially compromising the quality of service provided. Overall, pro bono wills may fall short in ensuring comprehensive and effective estate planning.

    Lawyer for a Simple Will in Minnesota

    If you are looking for legal advisement and help with a simple will in Minnesota, this law office follows the same protocol for each and every planning document. So, whether you have a high net worth, come from modest means, or have little to nothing, the process is the same.

    Thus, if you need help weighing the pros and cons of a simple will in Minnesota, you found the right place.

  • Trustee Checklist Immediately Upon Death

    Trustee Checklist Immediately Upon Death

    A trustee checklist will look different as time moves forward. In other words, the administration of a trust immediately after death and post death looks different. Here are some To-Do’s immediately upon death of a Grantor.

    • Say a prayer for the person who died,
    • Decide whether organ donation is needed,
    • Contact a medical school if an anatomical bequest was made,
    • Make arrangements to secure the decedent’s home,
    • Decide on funeral or memorial services,
    • Lockdown digital assets,
    • Contact the Social Security Administration,
    • If the decedent was a military veteran, contact the Department of Veterans Affairs to determine, whether disability benefits should cease and if there is an opportunity for burial rights.

    A trustee checklist is a must. This is especially im

  • DIY Wills For The Person Who Can Do Everything

    DIY Wills For The Person Who Can Do Everything

    DIY wills are great for families looking to create problems for their spouse, children, and everybody in-between. Event better, DIY wills can make law firms rich and may encourage loved ones to run in the opposite direction.

    Of course, you can fix your own car and finish that plumbing job. Electric work and taxes, no problem. These types of matters provide immediate signals on your success. A will does not tell us whether it was successful or not until we are dead and a probate judge is reviewing the document.

    Indeed, you can buy a book and create your own estate plan. That aside, here are a few issues to think about about:

    1. Lack of legal knowledge: A will is a legal document that must meet specific legal requirements. Unless you have a legal background, you may not be familiar with the legal language and formalities required in creating a valid will.
    2. Complexity of assets: If your assets are complex, such as owning a house, owning a business, or investments, you may need professional help to ensure they are properly accounted for and distributed.
    3. Family dynamics: If you have a complicated family situation, such as blended families, ex-spouses, or estranged relatives, you may need professional guidance to ensure your will is drafted in a way that clearly reflects your wishes and avoids potential conflicts. In other words, DIY wills for different family dynamics is not a strong move.
    4. Tax implications: In Minnesota, we have certain tax issues that impact nobody except those who die with Minnesota assets. As a result, you should consider tax implications when drafting your will. A professional can provide guidance on how to minimize taxes and maximize the value of your estate.
    5. Errors and omissions: Even a small mistake or omission in your will can have significant consequences. A professional can help you avoid errors and ensure your will accurately reflects your intentions.
    6. Changing laws and regulations: Laws and regulations surrounding wills and estates can change over time. A professional can ensure your will is up-to-date with any changes in the law.

    Overall, seeking professional feedback before deciding to engage the DIY wills strategy is more prudent that assuming otherwise. Further, seeking advise can offer peace of mind that your wishes will be accurately reflected and can help prevent potential legal disputes among your loved ones.

  • Making Appointments For Family Members

    Making a medical appointment for a loved one can be a time-consuming and frustrating process. From navigating insurance policies to finding a provider who accepts their coverage, the process can take weeks or even months. This is especially true when we do not have a Health Care Directive, HIPAA Authorization, or Power of Attorney.

    That aside, the first step when making an appointment is navigating time, location, and transportation. These simple elements are exaggerated as soon as pertinent health care information must be shared between clinics or facilities.

    Wait, did you say you were making an appointment for a family member who was a veteran? Let’s have that conversation later.

    During your discussion with the scheduler, a logical question might be determining whether the provider accepts your family member’s insurance. This can involve hours of research, phone calls, and online searches. Many insurance companies have provider directories, but these can be outdated or inaccurate, leading to more frustration when connecting with the insurance company by phone. After all, they likely need a completed Power of Attorney form.

    After finding a provider, it is finally time to schedule the appointment. Depending on the provider’s availability, the wait time can range from a few days to several weeks or even months. For a specialist visit, the wait time can be even longer, as many specialists have long waiting lists.

    One thing is for sure – making appointments for family members is painful. Do you anticipate calling every other day to inquire whether there was a cancellation? What if a cancelation happens in 2 hours. Can you respond fast enough?

    After the Appointment is Scheduled

    Even after the appointment is scheduled, there may be additional steps to take. Some providers require pre-authorization from the insurance company before the appointment can take place. This can add days or even weeks to the process, as the insurance company may request additional information or documentation. Again, making appointments for family members is a difficult process.

    when Need help sharing If you decide to include your adult child, waiting is to determine what type of medical appointment is needed. Is it a routine check-up, a specialist visit, or an urgent care visit? Depending on the type of appointment, the wait time may vary. For example, a routine check-up may have a longer wait time than an urgent care visit.

    Overall, the time it takes to make a medical appointment for a loved one can be a frustrating and time-consuming process. While it’s important to prioritize the health and well-being of our loved ones, navigating the healthcare system can be overwhelming.

    Unfortunately, none of us know when or if an emergency is right around the corner or years in the future. As a result, always have a health care directive, HIPAA authorization, and Power of Attorney ready to go.

  • 4 New Estate Law Changes for Minnesota

    4 New Estate Law Changes for Minnesota

    Recent estate law changes in Minnesota have been significant. Because the estate planning process is going to be exclusive and personal to each and every person, it is difficult to gage whether some of these law changes impact some or many. Nonetheless, here is a very high level outline of a few changes to Minnesota’s estate planning rules and laws.

    One change was Minnesota’s adoption of the Revised Uniform Fiduciary Access to Digital Assets Act or “RUFADAA“. This law allows individuals to designate a fiduciary to manage their digital assets, including social media accounts, online banking, and email. Prior to this law, there was no clear legal framework for managing digital assets after a person’s death, which could lead to disputes among heirs and make it difficult to access important information.

    Another change or new Minnesota estate planning law was the adoption of the Revised Uniform Trust Code (UTC). This law provides a standardized framework for creating and managing trusts, making it easier for individuals to create and administer these estate planning tools. The law includes provisions for creating a trust without a written document, allowing for greater flexibility in trust creation and management.

    In addition, Minnesota has had estate law changes to their tax exemption. As of 2021, the state’s estate tax exemption is $3 million per person, up from $2.7 million in 2020. This means that individuals can pass on up to $3 million in assets without incurring state-level estate taxes. However, it’s important to note that the federal estate tax exemption is much higher, currently at $11.7 million per person, and may still impact larger estates.

    Further, Minnesota has also made changes to its laws governing transfer-on-death deeds (TODDs). TODDs allow individuals to transfer real estate to designated beneficiaries without the need for probate. Minnesota has simplified the process for creating and revoking TODDs, making it easier for individuals to use this tool as part of their estate planning strategy.

    Again, Minnesota’s estate law changes have been significant in recent years. Although some suggest this offers more flexibility, in reality, we have more regulation requiring our attention.