IAJ Law, LLC

An Armor of Light

952-222-9462

Author: Jasper Berg, J.D.

  • Why are Ft. Snelling Headstones Larger for Some Veterans?

    Why are Ft. Snelling Headstones Larger for Some Veterans?

    Some Ft. Snelling Headstones are larger than others.  If you recently visited the Ft. Snelling National Cemetery, perhaps you have seen this too.

    If not, I took a picture for illustration purposes.  In my practice, I help Veterans with their funeral arrangements within an estate plan and inevitably, I will get asked about headstones.

    Thus, I addressed this issue on Twitter too:

    Ft. Snelling Headstones – Some are Larger?

    The answer is very simple:  larger headstone represent a gravesite with more than one veteran.  The picture I posted on Twitter represents a group of Minnesota veterans who died in an airplane crash as one.  

    Likely, you and your family would have wanted this same type of memorial too.

    Ft. Snelling Headstones:   Need to Know

    Really though, I think this is an excellent way to introduce two VA forms that MN Veterans can use and reduce stress on their family.

    If you are able, here are a few VA forms that apply to Ft. Snelling headstones and private funeral arraignment for veterans:

    Therefore, as Veterans consider their funeral directive, I believe including one of these forms can offer significant value to a complete game plan.

  • Are you sure You Picked the Right Personal Representative?

    Are you sure You Picked the Right Personal Representative?

    What does a Personal Representative in Minnesota do?

    Well, I am glad you asked.  A Personal Representative in Minnesota has many jobs.  Whether a person seeks their position through the court process or they were selected within a Will, every PR is responsible for the rules.

    If you were not selected as the Personal Representative, do not be disappointed.  Maybe just maybe you get appointed down the road.

    Regardless of your role, offering support to the deceased person’s family and friends is critical.

    Personal Representative in Minnesota:  When?

    A Personal Representative in Minnesota can only serve after somebody dies.  A personal rep or executor isn’t technically responsible for anything until the death of their loved one.

    On the other hand, a person serving as a trustee or attorney-in-fact might have responsibilities outside the scope of a PR.

    Duties of a Personal Representative

    Under Minnesota rule 524.3-703, you will find an outline of duties and responsibilities imposed on a Personal Representative in Minnesota.

    The first and the most important duty of a Personal Representative is a fiduciary duty.  This means the Personal Representative in Minnesota is observing the standards of care in dealing with the estate assets.

    Also, the Personal Representative in Minnesota has the duty to settle and distribute the estate of the loved one in accordance of the terms of a Will submitted for probate.

    In other words, actions taken by a Personal Representative is governed by an applicable law, the terms of the Will, and any order granted by a Probate Court.

    I Don’t Want to be a Personal Representative

    Yes, Minnesota law recognizes a Personal Representative may not want the above referenced duties and responsibilities and or the PR  may feel like they do not have specific knowledge in order to serve in this capacity.

    Do not despair.  The goal of an executor or PR is to facilitate an estate.  Likewise, Minnesota law says a Personal Representative shall not be surcharged for acts of administration or distribution if the conduct in question was authorized at the time.

    Protection for a Personal Representative

    Lets keep this simple.  An executor’s job is to divide up stuff and distribute it accordingly.  Generally, a Personal Representative in Minnesota is protected from any surcharged acts of administration or distribution provided the acts were authorized at the time they occurred.

    What should an Executor Do First?

    If the PR is slow to the mix, then a creditor might jump in first.  Thus, an executor either has to educate themselves on the probate process and acquire support.

  • Do not forget Unemployment Taxes on your Tax Return

    Do not forget Unemployment Taxes on your Tax Return

    Unemployment taxes are real.  Every person who received unemployment benefits from Minnesota is encouraged to address this issue with their tax preparer.

    Unemployment Taxes Tip #1

    Even more significantly, seek advisement from a tax professional on whether job search expenses (internet, phone, resume  paper, business cards, etc.) can be itemized or deducted from a tax return.

    Unemployment Tax Tip #2

    Within an online unemployment account, applicants can download their weekly benefits and review whether they had taxes deducted.  Likely, this information will be helpful while filing out a tax return.

    Unemployment Tax Tip #3

    People who received unemployment benefits should expect receiving form 1099.  For those looking to conduct their own research, here is a credible site.

    Closing Thoughts

    As many applicants seeking benefits in MN quickly conclude, the unemployment process is stressful.  Combat this stress by doing homework.

    Whether an applicant is new to the unemployment process or their job requires seasonal requests, being diligent is critical.

  • New to Unemployment: What I Tell the Unemployed

    New to Unemployment: What I Tell the Unemployed

    New to unemployment?  First, welcome.  Second, let’s have faith your unemployment stint is short-lived.  On the other hand, lets also assume the job search process takes six months or more.

    Did you know Minnesota’s unemployment office might be able to audit accounts under MN statute 268.186 for an infinite period of time?  Scary, right?

    For this reason, I tell anybody who is unemployed to engage MN unemployment benefits like they approach their taxes: keep hard copies of everything.

    New to Unemployment:  Records start Immediately

    Anybody applying for unemployment benefits will be asked to fill out a questionnaire.  I wish more of my Clients printed and kept copies of their application.

    Any person new to unemployment is encouraged to keep their application and or any written inquiries proposed by DEED down the road.

    New to Unemployment:  Quitting and Discharges

    Most people requesting unemployment benefits do not have jobs.  Even so, keeping records from the last job is significantly important.  Why?  Because in six months, most applicants confronted with an appeal often forget important details.

    The records I like seeking include:

    • Copies of employment files,
    • Truthful reason an employer ended a job, and
    • Writing down notes from an event for future reference.

    New to Unemployment:  Job Searches

    Another element to quality records in the long run include documentation of a person’s job search.  Personally, this can include just about anything:

    • Filling out applications,
    • Updating resumes,
    • Traveling around town looking for jobs,
    • Reading twitter for new job postings,
    • Talking with recruiters,
    • Updating online profiles,
    • Knocking on doors, and
    • Anything else you interpret as looking for a job.

    Generally, logging activities and time can be a life saver.  Most applicants I meet with do not have this.  Luckily, you can start documenting three minutes after you finish reading this post.

    Again, I am not identifying this as a burden, but a way to hedge risk.  The goal is to reduce problems in case of an audit.

    New to Unemployment:  Part-Time Jobs

    For the handful of workers, people or employees who accept  a part-time job get into trouble too.  For this reason, I like the idea of keeping a personal calendar of one’s shifts.

    For example, if a worker finds a part-time job at a restaurant, keeping a calendar for days and hours worked can again be a blessing in disguise.

    For those working the third shift, identify your both your starting time and ending time just incase things get crazy down the road.

  • When Love and Money Contradict

    When Love and Money Contradict

    Love is a powerful act.  Planning your estate and affairs is an act of affection and serves as an example to future generations.

    Unfortunately, people are afraid to address their demise. Personally, I find the nursing home, tax collector, and the boogie man to far more scary.

    Estate planning is not just about preparing for the inevitable; it’s about ensuring that your hard-earned assets are distributed according to your wishes, minimizing tax liabilities, and providing for your loved ones. In this blog post, we’ll explore the key reasons why estate planning is crucial and how our experienced team can guide you through the process to secure your family’s future.

    Protecting Your Loved Ones

    One of the primary goals of estate planning is to safeguard the financial well-being of your loved ones. Without a clear plan in place, your assets may be subject to probate, a lengthy and expensive legal process that can significantly delay the distribution of your estate.

    By creating a comprehensive estate plan, you can ensure that your family members are provided for without unnecessary complications.

    Minimizing Tax Liabilities

    Estate taxes can erode a significant portion of your estate if not properly managed. Our expert team will work with you to identify strategies to minimize tax liabilities, allowing you to pass on more of your assets to your heirs.

    From establishing trusts to taking advantage of tax exemptions, tailor a plan to maximize the wealth you leave behind.

    Preserving Family Harmony With Love

    Estate disputes can strain family relationships, leading to long-lasting rifts. A well-crafted estate plan can help prevent conflicts by clearly outlining your wishes and intentions.

    By addressing potential sources of disagreement proactively, you can foster harmony among your heirs and ensure a smoother transition of assets.

    Ensuring Business Continuity

    Do you love your business? If you own a business, estate planning is essential to ensure its seamless continuity after your passing. Without a proper succession plan, your business may face uncertainty, potentially leading to financial instability.

    This law office helps families develop strategies to facilitate a smooth transition of business ownership, protecting both your legacy and the livelihoods of those depending on the business. Again, an example of love for those relying on your business entity as a source of income.

    An Act of Love for Special Needs

    If you have dependents with special needs, estate planning becomes even more critical. Our team understands the unique challenges faced by families with special needs members and can help you establish trusts and financial arrangements to provide ongoing support while maintaining eligibility for government assistance programs.

    Adapting to Life’s Changes

    Life is dynamic, and circumstances change. Our approach to estate planning is not a one-size-fits-all solution. We’ll work closely with you to ensure your plan evolves with your life, accommodating changes such as marriages, births, and career developments.

    Each decision is difficult.  Decisions made out of love are always worth pursing.  Thus, have faith in your process.

  • The Average Veterans Home Cost in Minnesota

    The Average Veterans Home Cost in Minnesota

    Veterans home cost is a 5 step math problem.  If you are afraid of math, do not despair.  The goal is to keep this element of the estate plan simple.

    In Minnesota, the cost for a veteran to live within a nursing home facility is broken into a daily fee.

    The intent of this article is to help Minnesota veterans and their families understand where the daily fee is derived.  In future articles, I will outline eligibility issues and cost waivers.

    Thus, going forward, here is what and how local Veterans nursing homes calculates their daily fee.

    Veterans Home Cost:  Minnesota VA Nursing Homes

    In case your estate planning process started with this article, here is the first major point:  every facility or home has a different cost.

    I know…this sounds more like a non-profit nursing facility, but it is true.

    If your family lives near one facility, then knocking on one door is easy.  If the veteran in your life lives in the Twin Cities, then perhaps there are a few more options.

    None the less, the process of price shopping requires making contact with every veteran’s home.

    Veterans Home Costs: MN Nursing Home Math

    Math can be scary for a lot of people.  Ultimately, I want to highlight four additional points:

    • Minnesota rule 9050.0500 tells us how each VA facility calculates their daily fee,
    • The calculation is based on a 12 month period (starting July 1),
    • The cost per Veteran is calculated into a daily fee, and
    • Each Veteran is billed the same daily fee.

    Many of the military families I serve are surprised to find out each veteran is billed the same daily fee.  Again, I am talking about a daily fee and will address fee waivers based on need and income in future posts.

    Veterans Home Costs:  5 Simple Calculations

    There are 5 basic calculations used to determine MN veterans home costs.  Luckily, military families can start by finding out the following:

    When talking with a veterans nursing home, ask:

    What was the total direct cost for your facility?

    What was the average number of residents last year on any given day?

    Can you tell me what the total indirect cost was at your facility?

  • MN Workforce Center Advice is worth about 2 Cents

    MN Workforce Center Advice is worth about 2 Cents

    Workforce center advice about unemployment benefits in Minnesota is a bad idea.

    In fact, I would estimate most of the folks that contact me are doing so because they received horrible advice.

    Here are a few examples:

    Tell your story to the judge and everything will work out…

    Applicants do not need an attorney for their case…

    If an applicant looses, they can always appeal…

    Workforce Center Advice: Talking to an Unemployment Judge

    It isn’t the process of talking to a judge that is problematic for an unemployment claim.  Instead, it’s what people decide to talk about that becomes the problem.

    Talking with a judge is called testimony.  Being nervous can impact testimony.  Other times, I see applicants allowing the judge to lead them down a specific path versus having a clear goal or agenda.

    As soon as a person knows what and why they are giving testimony, talking becomes testifying with a purpose.

    Workforce Center Advice:  You Don’t Need an Attorney

    Finding out that the workforce center advice that a worker received was wrong is maddening.  Not everybody needs an attorney every step of the way.  Luckily, an ounce of help can go a long ways.

    I am a strong believer in advising workers on how to handle their unemployment case on their own merits versus assuming an attorney isn’t needed every step of the process.  Of course, there are situations that call for this type of attention, but not nearly as often most folks think.

    Sometimes, knowing you have a weak case versus a strong case is valuable.  Also, I think people find relief when they hear about alternatives to a denied claim.

    Workforce Center Advice:  Applicants can Always Appeal

    Yes, workforce center advice claiming a person can appeal is right.  On the other hand, the workforce center often forgets to tell folks that adding or changing the “record” after a phone hearing is extremely difficult.

    If a person fails at addressing issues of concern or fact during their phone hearing, they risk never having a valid opportunity to correct the deficiency going forward.  Of course there are exceptions, but the best time is during a phone conference with a judge.

  • Wills for Military Veterans

    Wills for Military Veterans

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

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

    Wills for Military Veterans: Reasons

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

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

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

    Wills for Military Veterans: Supporting Documents

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

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

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

    Unemployment Benefits for a Third Shift Job are Not the Same

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

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

    Third Shift: Hourly Wage

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

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

    Third Shift: Independently Motivated

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

    Third Shift: Unemployment Benefits

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

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

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

    Subd. 15.Available for suitable employment defined.

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

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

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

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

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

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

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

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

  • Fighting Anxiety When Giving Unemployment Hearing Testimony

    Fighting Anxiety When Giving Unemployment Hearing Testimony

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

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

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

    Unemployment Lawyer

    Unemployment Help

    Contact Now

    Hearing Testimony:  Unemployment Help

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

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

    Hearing Testimony:  Who can Ask Questions

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

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

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

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

    Hearing Testimony:  Does Anxiety Really Matter?

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

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

    Hearing Testimony:  Unemployment Benefits are Worth Fighting For

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

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

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

    Don’t be a Fool with your Executive Unemployment Benefits

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

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

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

    Executive Unemployment:  Benefit Eligibility Issues

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

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

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

    Executive Unemployment:  Benefit Stereotypes

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

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

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

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

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

    Unemployment Benefits for Executives

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

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

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

  • Unemployment in Minnesota after Calling in Sick and getting Fired

    Unemployment in Minnesota after Calling in Sick and getting Fired

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

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

    Calling in Sick:  Unemployment Rules

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

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

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

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

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

    Calling in Sick:  Should You Quit?

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

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

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

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

    Calling in Sick:  Unemployment Cases in Minnesota

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

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

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

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

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

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

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

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

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

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

    Keeping your Will Safe from Fire

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

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

    Will Safe inside a Safe Deposit Box

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

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

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

    Is your Will Safe with an Attorney?

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

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

    Keeping your Will with the County

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

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

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

    Is my Will Safe at Home?

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

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

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

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

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

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

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

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

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

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

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

    Keeping my Will Safe is a Full-Time Job

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

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

  • Managers Unemployment has reached 26.5% in Minnesota

    Managers Unemployment has reached 26.5% in Minnesota

    Managers unemployment statistics are increasing at an alarming rate.

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

    Managers Unemployment:  What are the Numbers?

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

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

    Managers Unemployment:  Who Does this Include?

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

    A manager does NOT include:

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

    Managers Unemployment:  Why this is Important?

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

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

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

    Managers Unemployment:  Appealing Benefits

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

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

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

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

    1,699 Different MN Unemployment Law Cases for this Rule

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

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

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

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

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

  • 8 Easy Tips to Prevent Unemployment Office Problems

    8 Easy Tips to Prevent Unemployment Office Problems

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

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

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

    Tips to reduce Unemployment Office Problems

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

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

    Scared to Edit Your Will in Minnesota?

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

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

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

    Why do you wan to edit your will in Minnesota?

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

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

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

    Edit your will in Minnesota using a codicil

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

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

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

    Other problems with editing your will in Minnesota include…

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

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

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

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

  • Forms for a Transfer on Death Deed

    Forms for a Transfer on Death Deed

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

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

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

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

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

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

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

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

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

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

    What can go wrong with a Transfer on Death Deed?

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

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

    Where to find forms for a Transfer on Death Deed

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

    What happens when a TODD is recorded in Minnesota?

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

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

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

  • End Power of Attorney By Screaming?

    End Power of Attorney By Screaming?

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

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

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

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    Powers to Revoke a POA

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

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

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

    Other Reasons to End Power of Attorney

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

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

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

  • An Unemployment Weekend is Cold and Full of Stress

    An Unemployment Weekend is Cold and Full of Stress

    An unemployment weekend is stressful in Minnesota because the unemployment website is closed.

    Yes, an applicant is unable to access their account on the weekends and this causes stress.  Luckily, I believe most unemployed applicants can use this time to prepare for their appeal or hearing.

    If you are unemployed and browsing the web this weekend about unemployment issues, you are not alone.

    Thus, I encourage you to stay positive and send me a message if you see the need.

  • There is a Healthcare Directive Emergency in my Glove Box

    There is a Healthcare Directive Emergency in my Glove Box

    A healthcare directive emergency doesn’t give us a warning.  It just happens.  For this reason, many of my Clients are keeping a copy of their healthcare directive inside their glove box.

    Under no circumstances do I want to make it difficult to find my healthcare directive.  When a healthcare directive emergency happens, I need my family to find it ASAP.

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    Healthcare Directive Emergency – My Glove Box

    Taking 30 minutes to look through an estate plan (which might include hundreds of pages) makes no sense when time is of the essence.

    If I get into a car accident and the police are looking for documents specific to my car, they will find my updated healthcare directive.

    Healthcare Directive Emergency – Keep it Hidden

    Earlier in my practice, some of the healthcare directives I used included social security numbers.  As we all know, our doctors use our social security number to keep track of us.  Back in the day, I was fearful that my important health history would be difficult to find.

    Speed ahead ten years and it appears our doctors have updated systems making this less of a fear.  I agree, most healthcare directives include very personal information about our wishes, doctors, family members and health conditions.

    Again though, hiding our document when we need it the most doesn’t seem helpful either.  Also, when was the last time your car was broken into?  The crime rate for motor vehicle theft in 2015 represented 142 per 100,000 population.

    Like you, I dislike the idea of a bad guy having my healthcare directive.  On the other hand, I dislike leaving my family stuck in a time of need even more.

    Healthcare Directive Emergency Alternatives

    When I represent a person needing a healthcare directive, I always encourage them to give a copy to their doctor(s) and dentist(s).

    Now, we can keep copies of our important documents on our phone too!  Even though I like this idea, the likelihood of my family accessing my phone in an emergency is unlikely.  Even more so, the likelihood of them remembering or recalling the password on my phone is even less.

    Again, keeping a document in an accessible folder makes sense.  When I have a Client who commutes a long distance or is fearful of not being prepared for the worst, I encourage them to keep a healthcare directive inside their glove box too.

  • First 2 Steps for an Informal Probate Minnesota

    First 2 Steps for an Informal Probate Minnesota

    The informal probate Minnesota process is different in every County.  Even though this topic can take a lot of twists and turns, do not despair.

    First step to the informal probate Minnesota process

    Every informal probate Minnesota process should start by identifying a point person.  The point person, also called a personal representative, is the person in charge of forms, notices, filings, administration, etc.

    Yes, as long as the person is 18 years of age or older, the point person can be a spouse, child, parent, friend, sibling, or any person willing to accept the job.

    Do you need a Will to complete the informal probate Minnesota process?

    No, a will does not exclude you from seeking the informal probate Minnesota process.

    On the other hand, if your loved one had a will, the informal probate process in Hennepin County should be much easier because the first step of seeking a point person will likely be satisfied.

    What if nobody is willing to volunteer?

    Keep this in mind, a creditor or any person claiming to have an interest can ask to be the point person or personal representative.

    As a result, do your very best to pick a person to assist in this process. 

    Second step in the informal probate Minnesota process

    The second step in seeking the informal probate Minnesota process is registering for e-filing.  What?

    Yes, the point person (if they handle this process without help from a lawyer) should consider registering for the e-filing process.  Unfortunately, the e-filing process in Hennepin County is mandatory

    Where to find forms for the informal probate Minnesota process

    If you are looking for forms to help you with the informal probate Minnesota process, consider these three resources:

    1.  Minnesota’s law library,
    2. Minnesota’s Court Forms website, or
    3. You can buy forms from Miller Davis Company.

    What information is needed for an informal probate Minnesota proceeding?

    Every application seeking approval for the informal probate Minnesota process needs the following information, which is outlined in Minnesota rule 524.3-301:

    • An outline why you have an interest,
    • Name, birth-date, and records for the person who died,
    • If the person who died had a spouse or children, the application will require their contact information,
    • A statement on why the County you selected is appropriate,
    • Information concerning creditors (if known).

    Who approves or denies an application for informal probate in Minnesota?

    An application for an informal probate proceeding is accepted or approved by the County’s registrar.

    If approved, the personal representative or point person can proceed with other duties and responsibilities associated with an informal probate process.

    Final thoughts

    Again, if you need help with this process, contact this law office for help.

  • Top 8 Unemployment Legal Objections

    Top 8 Unemployment Legal Objections

    Unemployment legal objections can come from people who are non-lawyers.  Legal objections specific to your unemployment claim apply in two areas:

    (1) Documents submitted by DEED or the other party

    (2) Questions asked by the other party

    Unemployment Legal Objections to documents

    The following is a list of common legal objections a person can make during their hearing if they do not agree with a document:

    • Objection Relevance
    • Objection Hearsay
    • Objection Foundation

    Unemployment Legal Objections to questions

    The following is a list of common unemployment legal objections a person can make during their hearing if they do not agree with a question:

    • Objection Hearsay
    • Objection Assumes Facts
    • Objection Misinterpretation
    • Objection Misquotes
    • Objection Unclear

    When to make Unemployment Legal objections

    A person representing themselves should consider making your legal objections as soon as they believe there is an issue.  In other words, do not wait.

    What happens after you make a legal objection?

    After a person makes a legal objection, the unemployment law judge will make a ruling.  This means the judge will decide whether your objection applies and if how it impacts your case going forward.

    What if you do not make a legal objection

    If a person does not make an objection, the issue of concern likely will become unrecoverable or may not be reviewed going forward.

    Help with other Unemployment Legal objections

    Please contact this law office if you need help with determining whether an unemployment legal objection is applicable.

  • Unemployment for Independent Contractors: Flight or Flee?

    Unemployment for Independent Contractors: Flight or Flee?

    Unemployment for Independent Contractors in Minnesota is tricky. Independent contracting cases are strange because the laws in Minnesota keeps changing.  Even worse, the rules change based on a worker’s occupation.

    As you might expect, employers do not want to call you an employee because they will owe thousands of dollars in unemployment taxes and payroll taxes. One way employers try to get through this process is by conveniently calling a worker a contractor.

    The reason this issue is such a big deal is that it impacts whether a worker is eligible for unemployment benefits. So, I wanted to quickly work through a few rules to consider.

    Unemployment Rules for Independent Contractors

    The first rule is simple:  independent contractors do not get unemployment benefits in Minnesota.  For this reason, workers who are trying to seek this benefit should be arguing why they were an employee.

    MN independent contractors are governed by dozens of statutes, rules and law cases. As a result, pinpointing the right law and rule is critical.

    Which Law Applies?

    You must assume all of the laws apply and be prepared for the reasons that help your case. Generally, a worker will need to be prepared for the following issues:

    • Use of office, equipment, and materials,
    • Tax return process,
    • Contracts (verbal and written) used,
    • Expenses related to the service or work,
    • Responsibility and satisfaction of work completed,
    • Payment process (commissions, bid process, or other wage methods),
    • Profits and losses, and
    • Recurring business liabilities.

    Even more important, workers need to be prepared to combat what their employer might say too.

    Contractor Audits

    At first glance, the rules for defining a contractor are crazy, strange and all over the board.  Luckily, you can help yourself by looking for two things:

    • Is an auditor asking you questions, or
    • Are you being informed about filing an appeal?

    Unfortunately, the Work Force Center, auditors, and field agents are not necessarily on your side. Thus, prepare accordingly.

    Minnesota Laws for Independent Contractors

    Every employee and employer relationship is different.  Some people believe they are following rules and guidelines defined by the IRS.  Other employees have written contracts and some workers make verbal agreements.

    In other words, protect yourself before the situation gets more challenging.

  • Do Not Quit, Standing Together

    Do Not Quit, Standing Together

    Do not quit.  Together, anything is possible.  Whether you need help from your family or a professional, I encourage you to keep moving forward.

    When things are going bad, do not get bummed out or frustrated.  Take your problem and turn it into something bigger and better.

    Maybe we can work together.  Or, maybe you find that we are not a good fit.  Either way, do not quit.

  • Hide from Unemployment or Fight Back

    Hide from Unemployment or Fight Back

    If you hide from unemployment or Minnesota’s unemployment office, this generally means one of two things:

    • You are fearful of an unemployment audit, or
    • Unemployment sent you a questionnaire.

    Luckily, you found me and the process of sending me a message or calling me directly is easy.  On the other hand, maybe you will sleep better if you consider this short list of suggestions:

    Hide from Unemployment: Deadlines

    Every deadline is important.  Do not hide from unemployment if you have a deadline.  Even if their deadline is less than an hour, always always always take any identified deadline as gospel.

    I agree, some of the unemployment deadlines in Minnesota are ridiculous if not a black and white breach of our Constitution.  If you know about a deadline, abide by it.  For those who didn’t know about the deadline, try to manage it going forward.   If you forgot about a deadline, try to collect unemployment through a secondary process.

    Hide from Unemployment:  Job Search

    I wish unemployment was a vacation.  If it were, things would be easier.  Do not hide from unemployment because you know you are going to get a job.

    Even the most talented people on the planet become unemployed.  Eligibility in Minnesota requires searching for a job.  As a result, I encourage everybody to keep a written log book of their job search process so they can prove their duty of looking for work.

    Hide from Unemployment:  Estimation

    Do not hide from unemployment because you are bad at estimating.  If you don’t know, you will eventually find out that each week requires answering standardized questions.  One of the questions asks about the hours and wages you earned for that particular week.

    In my experience, estimating or guessing can become problematic.  It isn’t necessarily impossible to overcome, but estimating is a weak strategy.

    Hide from Unemployment:  Bad Answers

    Do not hide from unemployment because you do not know the answer to a question.  Your game plan for success requires you to find answers to a question before it is asked.

    Flying by the seat of your pants or saying “I don’t know” is setting yourself up for failure.

    Hide from Unemployment:  Audits are Easy

    Do not hide from unemployment if you get audited.  Any answer or the lack of an answer can be construed against you.  This plays into my theory of never giving a bad answer.

    The alternative is one or the other:

    • Prepare to give back your unemployment, or
    • Turn your back on thousands of dollars.

    Luckily, you are not going to let this happen.

  • Due On Sale Clause can Trigger Balloon Payments

    Due On Sale Clause can Trigger Balloon Payments

    Does a due on sale clause within a mortgage in Minnesota impact an estate plan?

    Individuals and families wishing to fund a trust or use a transfer on death deed can reduce their risk of accelerating balloon payments by reviewing their mortgage and lending documents.

    Unfortunately, every mortgage is different because mortgages are created by hundreds and thousands of financial companies. Nonetheless, here is a brief outline of the issues to consider.

    What is a due on sale clause?

    First, what the heck is a due on sale or acceleration clause?  To keep it simple, this type of clause is a condition found within a mortgage or contract for deed. In general, the clause requires full payment of a mortgage upon the occurrence of certain events.

    Also, the National Housing Act helps define balloon payments as they apply to a mortgage under rule 1701j.3. As you can see, this law gives mortgage companies and lenders certain opportunities to seek money from a buyer if any or part of their property is sold or transferred without the lender’s written consent.

    Whether you feel protected from local homestead rules or not, you can plan for your largest asset. The hard part is finding it or confirming a mortgage does not have a due on sale clause.  Sometimes, a mortgage document will use big bold headings to help.

    Where will you find the acceleration clause?

    When in doubt, I always read the mortgage.  If you misplaced your mortgage, you coud:

    1.  Visit the recorder’s office and ask for a copy of the recorded document; or
    2. Ask the lending company for a courtesy copy.

    Minnesota definition of a due on sale clause

    Minnesota has a chapter of statutes devoted to mortgages.  If you are looking for help falling to sleep, look at Chapter 47.  The rules specifically apply to financial corporations.

    On the other hand, Minnesota statute ‌47.20 speaks to the lending authority of a bank.  As a starter, most case law in Minnesota devoted to the discussion of a due on sale clause in a mortgage utilize subdivision 6 and 6a.

    Exceptions to a due on sale clause

    Every situation is different and unique.  Assuming a piece of real estate is a person’s primary residence and they do not live in a housing complex, there are likely many exceptions to the acceleration of a balloon payment. Specifically, these exceptions can be found under the National Housing Act.

    Other significant cases

    Unfortunately, lenders and homeowners sometimes disagree on the terms of a due on sale clause. Here are a handful of notable cases to consider, as we try to define what will happen or not happen with a due on sale clause:   Viereck v. Peoples Sav. & Loan Ass’n, 343 N.W.2d 30 (Minn. 1984),  Akopyan v. Wells Fargo Home Mortgage, Inc., Cal.App. 2 Dist., April 4, 2013, and a United States Supreme Court case called Cuomo v. Clearing House Ass’n, L.L.C., 129 S.Ct. 2710.  

    Therefore, before you fund a trust or transfer a piece of property using a transfer on death deed (TODD), make sure you know what, how and why.

  • 8 Ways to Avoid Probate in Minnesota

    8 Ways to Avoid Probate in Minnesota

    Yes, you can avoid probate in Minnesota.  On the other hand, you can encourage probate too.  Being dead does not remove you from probate hell.  Instead, it only makes it worse.

    Luckily, I believe you and I can help our families avoid the probate process for our estate by doing three simple things:

    • Create a revocable trust,
    • Update beneficiary forms, and
    • Communicate with family.

    Avoid Probate in MN by Chance

    Yes, you can find books at the library that help describe multiple ways to avoid probate.  One option often described is the process of adding a beneficiary or Pay on Death (POD) to a checking account.

    If this process makes you feel better, then fantastic.  Unfortunately, people often add their spouse or children.  This is unfortunate because if our loved one dies or becomes incapacitated in the same car accident, our loved ones are likely forced into probate.

    Thus, trying to avoid probate by selecting a loved one by chance does not really avoid probate.

    Avoid Probate in Minnesota by being Rich

    I cannot tell you how many times I am required to explain why a revocable trust is not exclusive to rich people.  If you are rich, I mean no disrespect.  If you are anything less than rich, please consider using a trust to help with:

    • Naming a long line of beneficiaries (just in case somebody dies while you least expected it),
    • Using your trust to identify a guardian for your children,
    • Giving your family valuable information like:
      • The code to your car door,
      • How to access your Facebook.com account,
      • The code to your cell phone,
      • Permission to enter your apartment, condo, or home, or
      • Anything else that might be useful while you proceed to the pearly gates.

    Please note, I am not trying to be funny or cute when describing value ways to avoid probate in Minnesota.  If you care about any person other than yourself, then helping your family and friends avoid the thousands and thousands of dollars generally required during the probate process is worth your time.

    Avoid Probate in Minnesota

    Here are some other fancy (or easy) ways to avoid probate:

    • Using a Transfer on Death Deed, and
    • Always naming more than one beneficiary.

    If you conduct enough research online, you might see people suggesting a beneficiary for your car or owning property via joint tenancy.  If you contact me directly, I will share more about why this is not necessarily the best strategy either.

    Final Thoughts about Avoiding Probate

    Anybody who tells you that you can avoid probate 100% is dead wrong.  Instead, the goal is to reduce the risk of probate and discouraging our pain in the butt family members (or creditors) from challenging our estates.

  • Never Die and you will Avoid Minnesota Probate – No, Seriously

    Never Die and you will Avoid Minnesota Probate – No, Seriously

    The easy way to avoid Minnesota probate is to never die.  No, seriously – if you never die, then probate will not be an option.

    On the other hand, if you think you might die someday, grab an adult beverage before you read the next line: nobody can avoid probate 100%.  Instead, our goal is to reduce the risk of probate.

    Now, I know what you are thinking….your friends told you they have a revocable trust and they are going to avoid the headache they experienced when their parents died.

    I agree, a trust is an excellent way to reduce the risk of making your family stress over the probate process.

    On the other hand, there are generally three reasons why your trust will not necessarily help your family avoid Minnesota probate:

    • You forgot to fund an asset (maybe you decided to make a purchase in your 70’s or 80’s),
    • Pain-in-the butt family members, or
    • Creditors (like hospitals, nursing homes or credit card companies).

    Avoid Minnesota Probate the Cheap Way

    In a class I teach, I stress one sure strategy on the cheap end (meaning it should not cost you any money) to reduce the risk of probate in MN: make sure your financial accounts have beneficiaries.

    For example, if you have a bank account, please please please make sure you identify a beneficiary to acquire your account when you die.  In my experience, most banks call this type of beneficiary a POD or Pay on Death.

    Of course, I prefer transferring a bank account into a trust, but we are talking about the cheap way, not the right way.

    In case you are stuck on who to choose, let me give you some fantastic examples:

    • Your spouse,
    • Children, or
    • The cable company.

    I admit, naming the cable company is crazy talk.  That said, it is crazy how many people fail at naming a beneficiary.  Thus, get it done and come back to my article.

    Avoid Minnesota Probate Another Way

    Just because you saved money in a retirement account doesn’t mean you need a heavy-duty financial planner to name a beneficiary for your 401(k) or 403(b).

    Of course, if your beneficiary dies at the same time you die (in a car accident) or you want to assist your spouse and children in making the transfer of your retirement account a little easier, likely a revocable trust is strong option.

    As you muster up time to think this through, please please please contact the financial institution holding your account and name a beneficiary for your retirement accounts too.

    Avoid Minnesota Probate the Drastic Way

    A popular method to avoid Minnesota probate is to create a trust and inside the trust have a clause that looks like this:

    If any person or entity challenges my revocable trust and they lose, their interest in my estate will be expressly disinherited

    Of course, there are better ways to do reduce the risk of having your estate challenged.  None the less, this is one of many different options.

    Avoid Minnesota Probate the Right Way

    It wasn’t by accident that I chose a picture of people sharing a beverage with one another while sharing a laugh.  In my experience, the strongest way to avoid Minnesota probate is to create a plan and share it verbally with your loved ones.

    For example, share with your elderly parents who will be taking care of your children if you die and what to do first in case of an emergency.

    Or, maybe this means sharing with your spouse tha your power of attorney document is kept on the book shelf or your health care directive identifies a list of medications you take on a regular basis.

    The bottom line:  talk about your plan as if you were going to die someday versus pretending everybody else other than you is doomed for a bad day.

  • If Your Employer Said No Unemployment

    If Your Employer Said No Unemployment

    If your employer said no unemployment, then you were misled.  An employer does not have the power to deny your claim for benefits.

    Yes, an employer can tell the unemployment office why you should not get benefits, but former employers are not the decision maker.

    Luckily, you are going to out smart your former employer and show them why they are wrong.

    Employer Said No Unemployment

    Saying no is easier than saying yes.  I believe employers tell their workers that they will not get unemployment because employers do not want employees to file a claim for benefits.

    Any person believing they are eligible for benefits can apply for unemployment.  The rule that governs eligibility in Minnesota is Rule 268.085.

    Your Employer is Wrong about Unemployment

    I believe every worker should fight for their benefits.  Here are three easy reasons why:

    • Filing an unemployment application or appeal in Minnesota is free,
    • Employers (and HR departments) are wrong a lot, and
    • Even if it requires hard work, you owe it to yourself to make this right.

    Employer Said No to What?

    Often, I see Clients get stuck  on what their former employer says when sometimes it can be a better use of their time to focus on why their claim will get approved (or overturned).

    What I mean is this:  is there a specific point when you, the applicant forced the unemployment office to say no?

    • Were your answers in within application confusing?
    • Employers lie,
    • Employment misconduct is easily confused,
    • Did you tell the unemployment office that you had a medical issue?

    Unfortunately, all of these things can be show stoppers.  It doesn’t mean a person cannot receive unemployment benefits.  The unemployment needs help to decide in a person’s favor.

    Luckily, you can do the easy way (know what law supports your benefits) or the hard way (by guessing).

    If Your Employer Said No Unemployment, Do This Instead

    Instead of getting mad or spending silly hours stressing over the process of loosing your house, pony up to a lock solid process:

    • Tell yourself you can do this,
    • Find out if you have any immediate deadlines,
    • Send a letter to your former employer and ask them for a copy of your employment file and anything else you find relevant or important,
    • Demand notice about your termination,
    • Research what you need to prove and what you need to say to show why you are eligible for unemployment benefits,
    • Prepare for your phone conference with an unemployment judge as if you need to prove why you are owed thousands and thousands of dollars.
  • You Say Yes, Unemployment Said No, You Say Why, Hello Hello

    You Say Yes, Unemployment Said No, You Say Why, Hello Hello

    Unemployment said no, and you don’t know why.  The stress of a job ending can multiply if the unemployment office says no.

    Luckily, you are going to use your choice to appeal and show them why they are wrong.

    Why Did Unemployment Say No

    Saying no is easier than saying yes.  In the year 2015, Minnesota’s unemployment office improperly paid out $54 million dollars in unemployment benefits.

    In other words, the unemployment office is almost forced to say no until applicants, workers or employees are able to prove the State wrong.

    No, the Unemployment Office is Wrong

    I believe every worker should fight for their benefits.  Here are three easy reasons why:

    • Filing an unemployment appeal in Minnesota is free,
    • The unemployment office gets things wrong all of the time, and
    • Even if it requires hard work, you owe it to yourself to make this right.

    Unemployment Office Said No to What?

    Often, I see Clients get stuck  on what their former employer says when sometimes it can be a better use of their time to focus on why the unemployment office said no.

    What I mean is this:  is there a specific point when you, the applicant forced the unemployment office to say no?

    • Were your answers in within application confusing?
    • Was there a deadline?
    • Do you work for a temp agency?
    • Did you receive a severance payment?
    • Did you tell the unemployment office that you had a medical issue?

    Unfortunately, all of these things can be show stoppers.  It doesn’t mean a person cannot receive unemployment benefits.  The unemployment needs help to decide in a person’s favor.

    Luckily, you can do the easy way (know what law supports your benefits) or the hard way (by guessing).

    If Unemployment Said No, Do This Instead

    Instead of getting mad or spending silly hours stressing over the process of loosing your house, pony up to a lock solid process:

    • Tell yourself you can do this,
    • Find out if you have any immediate deadlines,
    • Send a letter to your former employer and ask them for a copy of your employment file and anything else you find relevant or important,
    • Research what you need to prove and what you need to say to show why you are eligible for unemployment benefits,
    • Prepare for your phone conference with an unemployment judge as if you need to prove why you are owed thousands and thousands of dollars.
  • Unemployment Rules in MN Are Not All the Same

    Unemployment Rules in MN Are Not All the Same

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

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

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

    Unemployment Rules in Minnesota

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

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

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

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

    Unemployment Statutes in Minnesota

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

    In Minnesota, an applicant can find statutes here.

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

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

    When do Unemployment Rules in MN apply?

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

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

    More help with Unemployment Rules in Minnesota

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

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

  • Supplemental Unemployment Benefits Turn Bad

    Supplemental Unemployment Benefits Turn Bad

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

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

    What are supplemental unemployment benefits?

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

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

    When are Supplemental unemployment benefits a problem?

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

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

    Are SUB benefits different?

    In Minnesota, supplemental unemployment benefits are also called SUB.

    Exceptions to SUB wages

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

    Just to name a few, other exceptions include:

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

    Goal for Applicants

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

    Help with supplemental benefits

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

  • I Caught Minnesota Per Stirpes

    I Caught Minnesota Per Stirpes

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

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

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

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

    Per Stirpes law in Minnesota

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

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

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

    When is MN Per Stirpes Easy to Understand?

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

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

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

    Minnesota Per Stirpes: Assumption

    For this rule to make sense, lets assume:

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

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

    Minnesota Per Stirpes: My Share

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

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

    Minnesota Per Stirpes: Divide my Stuff

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

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

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

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

    The Per Stirpes Example Above

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

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

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

    Confused by MN Per Stirpes

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

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

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

    Minnesota Per Stirpes: Final Answer

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

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

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

    268.095 Minnesota Law Ends Unemployment

    Introduction to MN Statute 268.095

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

    Unemployment Lawyer

    Unemployment Help

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

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

    Video Discussion UI MN Statute 268.095

    MN Stat. 268.095

    Three Types of Claims for 268.095

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

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

    Unemployment Quit

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

    Unemployment Discharge

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

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

    MN Unemployment Quit Laws

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

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

    Termination and Discharge Laws for 268.095

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

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

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

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

    Employment Misconduct and MN Statute 268.095

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

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

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

    Changes to MN Statute 268.095

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

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

    Other Impacts to Minnesota Statute 268.095

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

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

  • Minnesota Unemployment Fraud

    Minnesota Unemployment Fraud

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

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

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

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

    Minnesota Unemployment Fraud – Statute 268.18

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

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

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

    Legalese of Minnesota Unemployment Fraud

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

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

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

    Criminal Rule for Unemployment Fraud – Statute 609.52

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

    Overlap of both rules

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

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

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

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

    Other issues to be aware of:

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

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

    Does Minnesota Unemployment Fraud happen a lot?

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

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

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

    What is the process for Minnesota Unemployment Fraud?

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

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

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

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

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

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

    Thus, every case is different too.

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

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

    Should you hire a lawyer for Minnesota Unemployment Fraud?

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

  • Never Create a Joint Account with your Children

    Never Create a Joint Account with your Children

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

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

    The preferred method versus a joint account with children

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

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

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

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

    Reasons a joint account with children is bad

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

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

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

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

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

    Help before creating a Joint Account with Children

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

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

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

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

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

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

    Dangers of using a Veterans Power of Attorney Form

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

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

    Preventing problems

    Here is how Veterans can prevent problems:

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

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

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

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

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

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

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

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

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

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

    Where can you find a Veterans Power of Attorney form?

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

  • Pets In Your Will, But Should You?

    Pets In Your Will, But Should You?

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

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

    Naming Pets In Your Estate

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

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

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

    Pet Trust Claws

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

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

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

    Guardians Named In Your Trust

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

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

    Are There Other Options

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

  • Over My Dead Body: Pay Back Your Inheritance

    Over My Dead Body: Pay Back Your Inheritance

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

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

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

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

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

    Laws to pay back your inheritance

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

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

    Pay back your inheritance – exceptions

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

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

    Balance the value of your inheritance

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

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

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

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

    Do you need to pay back your inheritance?

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

  • Ten Years After He Died, A Trust Breach Occurred

    Ten Years After He Died, A Trust Breach Occurred

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

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

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

    First lesson in preventing a trust breach

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

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

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

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

    Second lesson in preventing a trust breach

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

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

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

    Third lesson in preventing a trust breach

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

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

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

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

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

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

    Fourth lesson in preventing a trust breach

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

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

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

    Prevent trust breach in Minnesota

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

    Please contact me if you want additional information.

  • What If Your Trustee Dies?

    What If Your Trustee Dies?

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

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

    If a trustee dies, who is the trustee?

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

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

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

    Who can serve as a backup trustee?

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

    A backup trustee can be:

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

    What if your backup trustee dies?

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

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

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

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

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

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

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

    Help when a trustee dies

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

  • Why Seasonal Unemployment Stinks

    Why Seasonal Unemployment Stinks

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

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

    • Agricultural workers and
    • All other workers.

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

    Rule 1 why Seasonal Unemployment Stinks

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

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

    Rule 2 why Seasonal Unemployment Stinks

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

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

    Rule 3 why Seasonal Unemployment Stinks

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

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

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

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

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

    Other Minnesota laws impacting Seasonal Unemployment

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

    Those needing Help

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

  • Does Unemployment Nice Really Work?

    Does Unemployment Nice Really Work?

    Unemployment nice is a term I use to describe a losing strategy used by many applicants trying to acquire unemployment benefits.

    Being nice to your pet builds a strong bond.  Being nice to the unemployment office helps when you need administrative assistance.  However, using unemployment nice is not an effective legal strategy when you are trying to prove your eligibility.

    Unemployment Nice does not work

    Look, every piece of information an applicant gives to the unemployment office needs to support your eligibility for benefits.  Instead, you may inspire an audit from the unemployment office by:

    • Being whimsical,
    • Describing your medical history,
    • Identifying an error or mistake,
    • Telling them about your vacation,
    • Explaining your educational aspirations,
    • Asking if certain income will count against your wages,
    • Or telling the unemployment office about your job application process.

    Because most people do not like the idea of being audited or scrutinized, please be ready for anything and everything.

    Unemployment Nice with your Judge

    Absolutely, every person should be nice to their unemployment law judge (“ULJ”).  Unemployment nice is different from being polite.  Time and time again I hear or see applicants trying to play the nice card as if it will help them acquire benefits.

    Yes, most unemployment law judges will see right past this and you need to have your ducks in a row.

    Unemployment Nice with administrative stuff

    Yes, be nice to the people answering phone calls to assist you with access to your unemployment account or password.  But, restrict the temptation to tell your story just to see what “they” might think.

    Instead, access free resources and conduct your own legal research by comparing your case to publicized decisions.

    Unemployment strategies that work better

    If you need help figuring out what to do, what to say, correcting an error or combating a lie, please consider contacting me for help.

  • 7 Tips When Picking a Standby Guardian

    7 Tips When Picking a Standby Guardian

    Picking a standby guardian is hard.  I believe every parent stresses over the care of their child.

    Thinking about a situation where you are unconscious or dead quadruples this stress.

    Luckily, parents can:

    • Designate a standby parent,
    • Identify an alternate or backup to their first pick, and
    • Select which triggering events will allow for a standby to step in.

    Rules and Forms for a Standby Guardian

    Yes, Minnesota has specific rules on the designation process.  The rules for a standby guardian are under Chapter 257B.

    Also, Minnesota has a somewhat helpful form as a guideline, which you can find HERE.

    Tips for selecting a standby guardian

    In my opinion, here is a short list of tips and risks for selecting a standby guardian:

    1. Select a guardian that doesn’t contradict your Will or Trust,
    2. Do not force your standby guardian to blend your child’s money (your money),
    3. Do not incorrectly complete a standardized form,
    4. Communicate your desires with the primary and alternate backups,
    5. Do not grant a different standby guardian for each child,
    6. Acquire signatures from your standby, and
    7. Have a guardian for a short-term conflict and a long-term conflict.

    Can a Standby Guardian take my child to daycare?

    Yes, a standby guardian can take your child to daycare in the event you are hurt or injured.  Likely though, you are confusing the goal of this form with a form for delegating parental rights.

    In my experience, parents confuse the process of selecting a guardian with a different form often called a power of attorney for childcare (sometimes called a Delegation of Parental Authority).  Yes, a power of attorney for childcare is a different form and usually used in situations where grandparents help with:

    • Medical care,
    • Dental visits,
    • Obtaining prescriptions,
    • Daily activities.

    Triggering events for a standby guardian

    Earlier, I identified a term called triggering events.  Basically, a triggering event is a situation you select that gives the guardian a reason to step-in.  Absolutely, everybody has the potential of outlining a different list of triggering events specific to them and their family.

    Here are a few examples:

    • Your death,
    • Unconscious,
    • Being ill or sick,
    • Both parents being unavailable,
    • A parent is serving in the military, and
    • Jail.

    Other requirements to think about

    In addition to other conditions under Chapter 257B, every form should include your:

    • Intent,
    • A list of conditions,
    • The use of two witnesses,
    • Signatures from both parents, and
    • An acceptance from the guardian of your choice.

    Need more help?

    Please contact me directly if you find yourself needing help.

  • Did your Witness for a Will Get Drunk or Hostile?

    Did your Witness for a Will Get Drunk or Hostile?

    You do not want the witness for a will to get drunk or hostile.  I believe every person trying to formulate their will should have nice and friendly people as their witnesses.  Because Minnesota law agrees, this is how I approach a witness for a will.

    Who can be a witness for a will?

    In Minnesota, rule 524.2505 tells us any competent person, including your loved ones, can be a witness.  Here is what I look for:

    • A person who is older than 18 years of age,
    • A person who is not an anticipated heir,
    • A person with a sound mind, and
    • A person who is can agree to be at a specific place on a specific time.

    How do you know if a witness for a will is 18 years of age or older?

    This part of the problem is very easy.  You look at their driver’s license.

    Also, this is important too because I like including the witnesses city or town of residence to their signature block as a witness.

    How do you avoid an anticipated heir?

    Without asking, it is difficult to know whether the folks I depend on as a witness are heirs of my Clients.  However, the day I have a Client tell a witness “hi so-and-so, it is great to see you”, that will likely lead to additional question and or the use of a different witness.

    The best way to begin the process of understanding who is or is not an heir, consider this resource from our Attorney General.

    How do you know if a witness for a will has a sound mind?

    In my experience, this is hardly an issue except when Clients ask whether their elderly parent or jittery adult child can serve as a witness for a will.

    Unless you acquire a medical examination, very likely neither one of us will know if a witness has a sound mind.  However, here are a bunch of facts I look for:

    • Slurred speech,
    • Do they have a difficult time finding their license,
    • Can they write their name without asking how,
    • Do they look you in the eye,
    • Are they in good spirits, and
    • Do they give off a sharp or sound impression?

    Do you really need a witness for a will?

    Yes, in Minnesota you absolutely need a witness for a will.  In fact, you need at least two people.

    Yes, if you believe one of your family members will be a pain in the butt once you move into Heaven, there have been times when I encourage Clients to use or seek three (3) witnesses.

    Need more help?

    I recognize I am taking a somewhat lightheartedness towards witness selection.  On the other hand, family members fight over witnesses selection all the time.

    Thus, please contact me such that we can have a deeper discussion on your family dynamic.

  • My Temp Agency Job Ruined my MN Unemployment

    My Temp Agency Job Ruined my MN Unemployment

    The combination of MN unemployment temp agency benefits is stressful.  If you can, do not mix them.  If you cannot help it, then consider the following.

    How does the temp agency process start?

    Often, unemployment appeals begin and end when an applicant applies for work at a temp agency.  Here are the problems an unemployed worker seeking temp jobs will run into:

    • Wage reporting,
    • Failing to recognize when a work week starts or ends,
    • Turning down a temp job for the wrong reasons, and

    At first, work through a temp agency might seem like a necessity.  If this is your decision and you are collecting or anticipate collecting unemployment benefits, take extreme caution going forward.

    From the perspective of the job seeker, a job through a temp agency is “temporary.”

    From the perspective of the unemployment office in Minnesota, a person who turns down a “temporary” job is no longer eligible for unemployment benefits going forward.  As suggested above, this issue can instigate an unemployment appeal.

    Elements of MN Unemployment Temp Agency

    First, please recognize that a person requests unemployment benefits on a week to week basis.

    Each week, the worker will report whether they are working.  The process of answering questions presented by the unemployment office is often where the risk of an unemployment appeal begins

    Because work through a temp agency is often “temporary”, there are many legal issues related to temp agencies that can get a person in trouble.  For example, a person can become ineligible for unemployment benefits indefinitely after turning down or rejecting a job offer from a temp agency.

    Also, if the unemployment office in Minnesota willy nilly determines a worker failed to accept a valid job offer, that worker could be deemed ineligible for unemployment benefits for each future week.

    Yes, this rule can be true even if the job was “temporary” or if the wages the person was expecting from the temp agency become less and less each subsequent week.

    Other confusing parts for temp workers and their unemployment benefits

    Working at a temp agency can be confusing in terms of hours worked and hours paid.

    A person who works 32 hours or more in any given week is automatically ineligible for unemployment benefits in Minnesota.  From the perspective of the unemployment office in Minnesota, it doesn’t matter whether or not the worker was paid for their labor.

    Yes, there is a government agency (the Department of Labor) that protects workers from this issue.  But, it is not as significant of an issue in terms of unemployment benefits.  Again, this alone can instigate an unemployment appeal.

    Being alert while you are unemployed

    Once a person applies for a job through a temp agency they have to be on alert.  The worker who is collecting unemployment benefits and applying for work through a temp agency has to be on alert because a job offer (even for a day) can be proposed with or without notice.

    The general rule is the moment a worker turns down or rejects a temporary job offer, the person is now ineligible for unemployment benefits indefinitely.  Luckily, there are exceptions to this rule too.

    Double trouble for MN Unemployment Temp Agency

    Another example related to wages can be seen in this example called “double trouble.”

    For a moment, lets assume a person worked at a temp agency some two weeks in the past and was not paid until today.  If the worker was ineligible for unemployment benefits two weeks ago after working more than 32 hours, believe it or not, the wages paid after the fact will also reduce the person’s eligibility for unemployment benefits during the week the worker was paid.  I call this “double trouble.”

    My point about temp jobs and unemployment benefits

    A person who is collecting unemployment benefits in Minnesota and works or anticipates work through a temp agency can unknowingly increase the likelihood of an appeal for unemployment benefits.

    Yes, it is okay to pursue both, but every Applicant trying to manage MN unemployment temp agency should take steps to protect themselves too.

  • Should I trust Military Legal Assistance with my Will?

    Should I trust Military Legal Assistance with my Will?

    Military legal assistance for your will and estate plan should be used in addition to legal help in your home state.  Not only did I serve active duty in the military, I help members of the armed forces and Veterans with their estate plans.

    Thus, if you are in the military or about to be deployed, consider these issues when trying to decide to engage JAG or military legal assistance for your will.

    When do you need military legal assistance for your will?

    Yes, I believe military legal assistance for your will and estate plan needs is a necessity for every person in the armed forces.

    On the other hand, every person in the armed forces should have an estate plan devoted to their belongings back home too.  For example, a will and a power of attorney.  Why?  Because your loved ones need your help in case of your demise or you are unable to talk for yourself while or before being discharged from the military.

    Why do military members need two estate plans?

    A person needs an estate plan for every State or Country you keep stuff.  If your car is located in Texas, but you have a Minnesota license plate, the rules governing your motor vehicle are going to be exclusive to Minnesota laws.

    If you have a bank account at the Credit Union on your base for fort and also have a bank account in your hometown, your hometown bank will require your loved ones to follow Minnesota laws to access your financial documents.

    If you have children and you want your parents to have the right to visit your children on your behalf, you need a parental guardian plan from Minnesota.

    Yes, contact this law office if you are trying to engage JAG or military legal assistance for your will and estate plan.  This is a necessity because a person in the armed forces likely will have two estate plans to accommodate their duty station and the State where they are from.  

    Advice from JAG and military legal assistance for your will

    If JAG or the person you spoke to about military legal assistance for your will tells you their documents are enough to proceed on a deployment, they are right.  In actuality, you do not need an estate plan to participate on a deployment.

    On the other hand, a person who does not take time to create an estate plan before they are deployed is putting their stuff, property, bank records, health care, and care for their loved ones at risk of problems and undesired chaos.

    Military legal assistance for your will and health care

    Unfortunately, members of the armed forces face dangerous situations and can require medical treatment above and beyond bumps and bruises.

    If you require medical attention and your family needs to seek health records on your behalf, consider seeking a health care directive (also called a living will) to support your wishes and desires in case you are not able to talk on your own behalf.

    What if you live internationally?

    Even if you live internationally, this law office has helped members of the armed forces with ties or connections to Minnesota.  If you need help or advice, please contact this law office for help.

  • How My Public Unemployment Appeal Made Things Worse

    How My Public Unemployment Appeal Made Things Worse

    Would you file a public unemployment appeal to fight a lie about being drunk at work?

    Being drunk at work is a problem.  Telling the whole world you were not drunk at work can be a bigger problem.

    I believe every person seeking an unemployment appeal should consider alternatives to their eligibility for benefits before seeking a public unemployment appeal.

    Types of unemployment appeals

    Recently, an applicant seeking unemployment benefits filed a public appeal and made a mess by turning their case into public information.

    In Minnesota, there are generally four types of unemployment appeals:

    1. Phone appeal (Level 1),
    2. Request for reconsideration (Level 2),
    3. An appeal to the Minnesota Court of Appeals (Level 3), and
    4. An appeal to the Minnesota Supreme Court (Level 4).

    The rules governing an appeal for benefits include a rule called statute 268.105.

    How a case turns into a public unemployment appeal

    With very few exceptions, nearly every case filed with the Minnesota Court of Appeals or Minnesota Supreme Court will become public knowledge.  For many, the fear of having their case “googled” when seeking future employment can be scary to think about.

    That said, every case has the risk of becoming public because:

    • Applicants cannot control their former employer’s right to appeal,
    • Records can be subpoenaed by third parties, and
    • Applicants themselves induce a Level 3 or Level 4 appeal.

    Fearful of a public unemployment appeal

    Spending time being fearful of a public unemployment appeal is not necessarily time well spent because there are a number of situations workers or applicants trying to become eligible for unemployment cannot prevent.

    On the other hand, knowing about the application process and eligibility alternatives can have a positive impact on a person’s success for acquiring benefits in Minnesota.

    In my experience, knowing when or how to appeal a case can reduce fear, anxiety and factual issues calling for redaction.

    Help preventing a public unemployment appeal

    The bottom line is this – there is more than one way of becoming eligible for benefits in Minnesota and I prefer alternatives versus telling the world about a problem that could have remained private.

    If you need help preventing an unemployment appeal or making a decision about a public case, please consider contacting me for help.

  • Signs You Have A Painful Estate Plan

    Signs You Have A Painful Estate Plan

    A painful estate plan is one that makes others cringe and shriek.  Very likely, you know what I mean.

    If you do not, here are a few examples to get us going:

    • The plan you made dates back to the 70’s,
    • You re-married and failed to update your old plan,
    • At the age of 80, you just now decided it was a good time to create a plan,
    • Both executors of your Will are dead and you know it,
    • The last time you reviewed your plan was the day you signed it, or
    • You have twice as many grandchildren and half as many daughter/son-in-laws.

    Reduce your Painful Estate Plan

    Yes, you can reduce your painful estate plan by acknowledging it has flaws and making a change.

    To be clear, I believe in reducing stress and anxiety for your loved ones and today is the day I want to make this point clear by associating pain with your outdated plan.

    Yes, a painful estate plan is a bad habit you can change.

    Timing of a painful estate plan is never good

    Ideally, all of us would get a two-year window alarm before our time is up.  Unfortunately, very few of us get this luxury and those that do are generally unable to make decisions on their own behalf.

    In my opinion, one of the best times of the year to begin the process of creating an estate plan is the same week a person begins their taxes.  If this doesn’t work, then anytime between May and December works too.

    The most painful estate plan is…

    Yes, the most painful estate plan is the plan that was never formalized or does not exist.  Quite frankly, I think this goes without saying.   Unfortunately, it is not very difficult to find examples where people failed.

    Thus, please bring this topic up with those that you love and remind them to update their estate plan.

  • My Mom Buried Wedding Rings in her Grave

    My Mom Buried Wedding Rings in her Grave

    Buried wedding rings can be problematic when your decision is left with loved ones.

    I believe every person can use their will or estate plan to prevent family stress and anxiety.

    Below is a brief process outlining how to find a resolution to the buried wedding rings dilemma.

    Estate Planning for your buried wedding rings

    If a person wants their wedding ring buried in their casket or placed inside a tomb, these wishes should be specifically described.  Generally, I prefer a funeral directive along with a Will or Trust.

    In my experience, a funeral directive, which is a document outlining specifics for your funeral, can be easily shared with funeral directors, spouses and adult children.  Having this decision prearranged reduces guessing.

    In my experience, using your will to outline your decision is not necessarily a practical document during the funeral planning process because:

    • You shouldn’t share your will with everybody around you unless required, and
    • Reading your will this soon and openly may cause family conflict.

    Additionally, I think a prudent person shares their desires specific to a wedding ring inside their revocable trust and or will.  Yes, to reduce stress and risk, assuring neither document contradicts one another is a significant goal.

    Estate Planning to prevent having buried wedding rings

    Likewise, people wishing to gift their wedding rings versus the alternative described above can utilize the “specific gift” process within their estate plan.

    Yes, this process can be as simple as affirming where, who and how your wedding ring should be gifted at the time of your death.

    On the other hand, I have heard many adult children claim their mom told them specifically that they would receive the wedding ring.  As might suspect, it can be surprising to many people when it is discovered neither the will or revocable trust shared or expressed this intent.

    I am telling you now – this issue can be solved fairly easily with concrete planning methods expressing your wishes.  Otherwise, risking having buried wedding rings or leaving everything up to chance under Minnesota’s intestacy laws is uncomfortable at best.

    Buried wedding rings and your Medical Assistance

    Another common question arising from including your wedding ring in an estate plan is whether gifting it now or later will impact medical assistance.

    Every situation is different.  In general, medical assistance programs support excluding “personal effects” as an asset.  Sometimes, people seeking this benefit are able to define wedding rings as a personal effect and excluded from a MA calculation.  

    On the other hand, jewelry (like a wedding ring) retained because it has value or an investment will likely fail the the “personal effects” exclusion.

    Help with buried wedding rings

    Buried wedding rings or not, every person has a choice.  Yes, an estate plan is a wonderful way to reduce stress and anxiety for your family.

    Please contact me if you need help.

  • 4 Heads Are Judging Unemployment

    4 Heads Are Judging Unemployment

    Judging unemployment is serious stuff.  I believe the process of seeking unemployment should not start with telling your whole story and finding ways to reduce stress or anxiety.

    Instead, take this process in strides and chunks.

    The first person judging unemployment is…

    The very first person who gets to judge your unemployment claim is YOU!  Being approved unemployment benefits is not based on principle.  Instead, unemployment claims are decided by rule 268.095.

    Sometimes, the best plan is identifying a specific fact applicable to a rule supporting your eligibility.

    Unfortunately, those filling out applications will judge their own merits and fail at identifying the important parts.  In my experience, the most difficult element to separate is emotion.  If you are emotional about your own case, then very likely you have already misjudged your own claim.

    The second person judging unemployment is…

    The second person judging unemployment claims are those reviewing your application.  In my experience, these folks are very unskilled.

    I say this with good intentions because I acknowledge the group of people reviewing unemployment applications have spent zero time reviewing past cases available to the public.

    One of the best ways around this is sticking to facts and the laws favoring eligibility.  Another method, which many people claiming unemployment take, is wishing for the best and appealing a denied claim.

    The third person judging unemployment is…

    The third person judging unemployment claims are people called unemployment law judges or ULJ.

    Yes, unemployment law judges are lawyers hired by the unemployment office who serve as impartial reviewers of unemployment claims.

    In other words, much like a judge you have seen on television or a past experience, an unemployment law judge does everything another judge might do.

    The fourth, fifth and sixth person judging unemployment is….

    Yes, an applicant seeking unemployment benefits can have their case judged by even more people than three.

    If a person decides to appeal their case to the Minnesota Court of Appeals, a fourth, fifth and sixth person will be judging the case.

    When should I judge your case?

    I agree – this stuff can be stressful and overwhelming.

    I believe every applicant can save money and reduce stress by seeking my judgment early on or leaning on a rule that might improve the likelihood of your eligibility.

    If you need help, please contact me directly.

  • 7 Rules for Minnesota Unemployment Eligibility You Didn’t Know About

    7 Rules for Minnesota Unemployment Eligibility You Didn’t Know About

    There are seven rules for Minnesota Unemployment Eligibility.  Yes, there are many other rules and guidelines an applicant should consider, but 7 big ones at a minimum.

    Before taking on the unemployment office, consider the following.

    First, Bad News About Minnesota Unemployment Eligibility

    Bad news first, right? The unemployment office looks at eligibility issues on a week by week basis. This means a person eligible today might not be eligible in a week.

    In other words, a person trying to collect unemployment can get denied in any given week.

    On the other hand, being ineligible this week might mean you can become eligible next week.  Thus, take these 7 rules seriously.

    Good News About Minnesota Unemployment Eligibility

    Minnesota has one of the highest levels of benefits. For some people, applicants can receive nearly $775 dollars per week for a total of nearly $20,000 over a 26 week period.

    Even though lower paying jobs offer less in benefits, it is nice to know that many Minnesotans can keep a roof over their head and food in the fridge upon obtaining benefits.

    Knowing this, let me introduce 7 rules I believe are critical.

    7 Rules for Minnesota Unemployment Eligibility

    Okay, here are the first seven rules every applicant seeking or trying to collect unemployment should consider:

    1. Minnesota rules and statutes are not the same. To start your research, consider Minnesota statute 268.085.
    2. Except for those in special programs like CLIMB, applicants are required to seek suitable employment.
    3. Unemployment audits are always a possibility
    4. The unemployment office has different rules for quitting versus getting fired.
    5. There are lots of ways unemployment benefits can get delayed.
    6. Independent contractors run into problems.
    7. Unemployed workers seeking out employment agencies sometimes run into problems too.

    Other Unemployment Issues

    Absolutely, there are going to be a number of additional issues every applicant should be concerned with. However, they are going to be case by case. After all, each claim is different because each claim started with a different employer and boss.

    Nonetheless, I recommend to each applicant considering benefits to know how or why they are eligible for benefits before filling out their application for benefits.

    Next, every worker or applicant should read Minnesota statute 268.095 and ask themselves how it applies to their own situation.

    Then, I believe every applicant trying to help themselves with Minnesota unemployment eligibility should determine whether there is more than one way for them to become eligible for benefits.

  • Look Into These Eyes Before You Repay Unemployment

    Look Into These Eyes Before You Repay Unemployment

    Nobody wants to repay unemployment.  When Minnesota’s unemployment office claims money needs to be repaid or returned, they call it an “unemployment overpayment”.

    I believe every applicant trying to collect unemployment in Minnesota should appeal when accused of an overpayment versus concede.

    Here is an introduction to my approach to an unemployment repayment:

    Identify the deadline to repay unemployment

    In my experience, a lot of people do not know they can appeal an overpayment.  Everybody I meet with is encouraged to find a deadline.  The deadline I ask people to find is not the deadline to return or repay benefits.

    Instead, I encourage applicants to find the date they can appeal their case.  Generally, the deadline to appeal an overpayment can be found in two locations:

    • Online and within an Applicant’s benefit account, or
    • Somewhere within the letter describing the problem.

    Related documents to repay unemployment

    Generally, letters looking like a pay stub or invoice are not helpful.  These types of letters are designed to encourage applicants to repay unemployment.

    In my experience, they do not support or help applicants appeal the unemployment overpayment.  In fact, a lot of people incorrectly interpret their invoice or repayment voucher as a forgone conclusion they no longer have appeal rights.

    For this reason, finding the deadline specific to an unemployment overpayment is a significant step.

    Good reasons to appeal unemployment

    Yes, there are many reasons to appeal an unemployment overpayment.  They include but are not limited to the following:

    • Identifying a legal reason to qualify for unemployment,
    • Notice of an appeal deadline was never received,
    • Due process failed,
    • There was an error of law,
    • The evidence does not support an overpayment, and or
    • A decision was arbitrarily decided

    Stop or cancel an overpayment

    Yes, Minnesota has rules that support cancelling an unemployment overpayment.

    Because the goal should always be reducing an overpayment to zero dollars ($0), I believe the process to repay unemployment should always begin with the appeal process.

    If a person does not have appeal rights, then Minnesota statute 268.18 can have a positive impact on a family’s well-being.

    Repay unemployment or negotiate?

    Unfortunately, the opportunity to negotiate a repayment plan is a lot harder than it should be.  No, applicants owing money to the unemployment office in Minnesota are not “negotiating a settlement” and the process is not the same as the IRS debt settlement commercials you hear on the radio.

    Instead, the process to repay unemployment benefits should be viewed as a way to reduce monthly payments while using cancellation rules to one’s advantage.

    Repay unemployment help

    If you believe the process described above or you need help accessing your situation, please contact me for more information.

  • Loosing Sleep Over Untimely Evidence

    Loosing Sleep Over Untimely Evidence

    Untimely evidence is a term used by unemployment judges to suggest.

    Basically, a claim stating you failed at submitting evidence on time means you cannot use it going forward.

    In my experience, every applicant trying to collect unemployment benefits can defend against untimely evidence by understanding these rules:

    • Exhibits
    • Witnesses
    • Continuances, and
    • Subpoenas

    Exhibits or untimely evidence in an appeal hearing?

    When a person or business submits evidence correctly and before the time limit, they usually receive a copy in the mail with an exhibit number.  In Minnesota, the exhibit number for an unemployment appeal will include a “watermark” in the lower right-hand corner of each piece of paper or document.

    If a person did not receive a copy in the mail or their online account fails to mention their evidence, very likely the document submitted to support your unemployment claim never made it to the right person.

    As of the date of this article, the unemployment rule identified HERE suggests documents or exhibits must be submitted to the unemployment law judge within five (5) calendar days.

    Very likely, failing to submit evidence before the time identified in rule 3310.2911 will result in untimely evidence.

    Untimely evidence for your witnesses

    Any person trying to acquire a written statement from a potential witness will likely be impacted by the rules referenced above.

    Luckily, an applicant trying to prove their claim for unemployment in Minnesota can combat a tardy witness or their unwillingness to help by seeking a subpoena.

    On the other hand, failing to make this request as the rules support or allowing the unemployment office to affirm the witness is not needed might be detrimental to your case.  Thus, this issue requires extreme caution.

    Acquiring a continuance for untimely evidence

    Absolutely, a person confronting an untimely evidence issue for an unemployment hearing in Minnesota can seek or ask for a continuance.  A continuance means the case is delayed.

    Yes, every person making this request needs to acknowledge it is only a request.  In other words, the request can be denied.

    Those seeking an unemployment appeal need to be prepared for having a continuance denied.

    Untimely evidence is a big deal

    Look, the rules for an unemployment hearing are strict.  Yes, an unemployment law judge can deny untimely evidence if the evidence is not properly received.

    Properly received evidence is outlined by Minnesota unemployment rule 3310.2922.  Applicants believing the exclusion of evidence might impact their case should urgently seek help or become immediately familiar with the rules.

    Need help with untimely evidence

    Please contact me if you need help acquiring evidence, submitting evidence, proving evidence and working around untimely evidence issues.

  • You Will Never Look at End of Life the Same Way Again [video]

    You Will Never Look at End of Life the Same Way Again [video]

    Working with people and families to draft and manage an end of life estate plan can be scary.  My job is to make it less scary.

    Mainly, this is easier when people and families set aside time to think through their options when they have time versus compelled to make a life decision when they have less than minutes.

    In my experience, having a discussion of this nature with friends, family and clients can sometimes be the first time a person sets aside time.

    End of Life Video

    In my opinion, none of us have enough time.

    To help you outline a game plan, please consider this end of life videos as an introduction to your process,  your plan and the time you need to before putting pen to paper:

  • How to Make PCA Unemployment Benefits Easier for Yourself

    How to Make PCA Unemployment Benefits Easier for Yourself

    PCA unemployment or unemployment for a Personal Care Assistant is getting more and more difficult.  Here are three tips:

    • Make sure you know when your job ends;
    • Document your conversations with a TPA;
    • Always document your job search process.  

    I believe every PCA is trying to do the right thing by serving a person in need.  Often this can include a family member.

    If you are a PCA and trying to seek unemployment, here are a few steps specific to the process of gaining unemployment.

    Bad news for PCA Unemployment

    One of the worst days for any PCA is the day their client passes.  This day can be even more detrimental when it is a loved one.  Unfortunately, the unemployment office is very unforgiving.

    PCA Unemployment tip #1:  Make sure you know when your job ends.  

    No, a job does not end when the person you are caring for is dead.  Yes, it is easy to assume why this might be true.  On the other hand, I prefer the process of seeking clarification from the benefit provider or TPA (Third Party Administrator).

    Good news for PCA Unemployment

    It is always good news when a PCA is communicating with family and the TPA.

    PCA Unemployment tip #2:  Document your conversations with a TPA or agency

    Just like you would never leave a pot of boiling water on the stove while you cared for a person in need, never end or leave the PCA relationship without talking or communicating with the TPA.

    In other words, it can never hurt to seek clarification from the organization, agency or party in charge of paying for your PCA wages.  If you do not know who to contact or the person you believe is your point person is the same person you cared for, very likely this would be a good opportunity to begin the process of protecting your best interests too.

    Again, protect yourself by documenting your conversation so you can utilize notes if needed.

    PCA Unemployment and your job search

    The process of a job search is a common element for PCA unemployment seekers.  For one, Minnesota law requires unemployed applicants to seek work.  This is outlined under rule 268.085.

    PCA Unemployment tip #3:  Always document your job search process.  

    Workers who identify themselves as a personal care assistant, where to look for work is generally a non issue.  On the other hand, a person who left a non-traditional role (any job other than a PCA) will likely find the rules governing the availability of suitable work troublesome.

    In my experience, it is rare to find past or present personal care assistant who does not have conflicts with defining their job search process while trying to seek or become eligible for unemployment benefits in Minnesota.

    Thus, this element of the PCA unemployment process is critical.

    Need help?

    In my experience, every PCA has a different experience while trying to seek or collect unemployment.  Please contact me if you need help.

  • Eligible for Unemployment Until I Failed their Test

    Eligible for Unemployment Until I Failed their Test

    Passing your eligible for unemployment test is hard because people filling out applications do not understand the questions.  In my humble opinion, every worker should be eligible for unemployment if they can pass this first test:

    • I had a job,
    • My job ended,
    • I am unemployed, and
    • I am looking for a job day and night.

    Eligible for Unemployment in Minnesota

    Yes, Minnesota has a very specific set of conditions or tests that are used to weed out applicants.  In fact, the actual law is called “eligibility conditions” and you can find it here.

    Here is what the unemployment office in Minnesota looks for:

    1. Did the person file an application,
    2. The person is unemployed according to rule 268.035,
    3. The worker has received wages in the past year,
    4. The worker is seeking “suitable employment”, and
    5. When asked, the worker is attending classes at Minnesota’s workforce center.

    I do not know if I am unemployed

    Yes, there are many people who do not know if they are unemployed and fail this part of the test.  Generally, a person does not know if they are unemployed if:

    Eligible for unemployment by seeking suitable employment

    Yes, another condition or test a worker needs to satisfy to become eligible for unemployment is the process of seeking suitable employment.

    Unfortunately, what is suitable employment and what is not suitable employment is equally challenging.  Generally, most workers can pinpoint the type of work they have done in past.  Looking for suitable employment usually means looking for a job similar to your career history.

    Eligible for unemployment by being available for a job

    Yes, the requirement of being available also prevents applicants from becoming eligible for unemployment.

    Minnesota says a worker is available for a job if they are “ready, willing and able”.  In other words, you can work by saying “yes, I will be there”.  Again, a worker can fail this piece of the test if they are:

    • Injured,
    • On vacation,
    • Doing silly things to avoid their phone, e-mail or mail.

    Eligible for unemployment and the workforce center

    Unfortunately, there is not a specific standard who gets selected or required to seek assistance through Minnesota’s workforce center.  Whether you are a high profile executive or struggling to make ends meet, I have seen fantastic results with Clients who go out of their way seek help.  But, there is bad news too.

    First, workers can get have their unemployment denied in Minnesota if they are forced to take classes and fail to attend.

    Second, workers who tell their “story” or inquire about eligibility issues with staff members of the workforce center can get themselves into trouble too.

    Help becoming or remaining eligible for unemployment

    In my opinion, the issue above is way to significant to take lightly.  If you need help or have questions, please contact me.

  • What If My Employer Says I Quit My Job?

    What If My Employer Says I Quit My Job?

    Can you say “I quit my job” or is a former employer trying to convince you your actions were viewed as quitting?  Over the past month, many Applicants have contacted me to discuss whether or not they quit.

    I believe workers sometimes do know one way or the other because the words or emotions expressed with their employer were confusing or misinterpreted.

    If you are confused whether you are supposed to say I quit my job or I was fired, this is how I would approach this problem.

    Did I quit my job?

    Whether your job ended yesterday or ten years ago, I encourage all applicants to type or write down what they remembered.  Yes, be very specific and include details like:

    • What time of day,
    • Was it before or after a specific point in your day (break, lunch, meeting, etc.),
    • Were did the communications take place (conference room, lobby, phone, etc.)
    • What are the names of the people who participated in the communications,
    • Are there e-mails, notes, faxes or other pieces of paper that can help you describe the situation,
    • *What specific phrases do you recall being stated, and
    • *What happened AFTER you believed your job ended?

    I still do not know if I quit my job?

    No worries.  The step of taking notes of the situation is merely a reference for you down the road.  Unfortunately, an appeal for unemployment can take many months.  For this reasons, it is important to have a point of reference.

    I never quit my job

    It is never easy using the evidence standard in an unemployment case to prove “I never quit my job”.  Some employees like to engage a witness for help reduce the risk of an employer lying under oath.

    If this is not possible, then consider these tips:

    • Can you show a reason why your job might have ended (performance, business slowed down, etc.),
    • Can you find examples why you would never quit your job (health insurance, rent, length of employment),
    • Did you submit a written note or a formal resignation, or
    • Did your boss place an unreasonable amount of stress on you when the job ended?

    What if you cannot remember?

    Again, the issue is not whether you remember.  Instead, the goal is to use facts that support your application and claim for unemployment benefits.

    Yes, every situation is different.  For some, the rules for unemployment eligibility favor workers who can state their employer ended the job.  The rule that generally applies to a worker who quit their job can use Minnesota law 268.095 for guidance.

    I still do not know if I quit my job

    In my experience, the real decision maker is the Applicant and how they interpreted the events.  How an employee becomes successful proving their eligibility for unemployment is using a specific story line that aligns with rule 268.095.

    Please contact me if you need help preparing for a successful case.

  • Unemployment Case: White v. University of Minnesota

    Unemployment Case: White v. University of Minnesota

    A recent unemployment case in Minnesota called White v. University of Minnesota discusses employment misconduct and a duty of an unemployment law judge.

  • What If One Person Cared About Minnesota Unemployment?

    What If One Person Cared About Minnesota Unemployment?

    I take Minnesota Unemployment benefits and rules very seriously.  I believe every worker seeking unemployment generally feels anxiety, stress and sometimes confusion.

    If you need help figuring out what to do, what to say, correcting an error or combating a lie, please consider contacting me or reviewing more postings on my unemployment blog.

    Minnesota Unemployment – 1st Step

    Every unemployment claim starts with an application.  Please, for the sake of your long-term goals, review and learn what questions in the application might be important to your case.

    Minnesota Unemployment – 2nd Step

    The second step for every person seeking unemployment should be the process of reviewing and understanding rule 268.095.  Yes, this rule outlines the reasons a person can receive unemployment.

    More importantly, statute 268.095 outlines the reasons why a person is not eligible.

    Where does Minnesota Unemployment come from?

    Where an applicant’s unemployment benefits come from is really not important.  Instead, ask a better question – who cares if you get or do not get unemployment?

    Your employer (former, current and future) all care about unemployment benefits because it impacts their taxes.  If you, the applicant, receives Minnesota unemployment benefits, their tax rate increases.

    Additionally, our unemployment office, the Department of Employment and Economic Development or “DEED” care even more because they are having money problems.  Don’t believe me?  This website confirms Minnesota has incorrectly paid out $35 million in benefits.

    In my opinion, because neither your employer or DEED want issues down the road, they will deny or appeal claims for benefits.

    Are you eligible for Minnesota Unemployment?

    Generally, Minnesota Unemployment is granted to Applicants if they are terminated for reasons other than employment misconduct.  Also, an Applicant can be eligible for unemployment if they quit their job and the law supports their decision to quit.

    Need help?

    If you need help with unemployment benefits for Minnesota, please watch this short clip and contact me for more information.

  • 4 Reasons For Formal Probate And Easy Tips

    4 Reasons For Formal Probate And Easy Tips

    Reasons for formal probate in Minnesota are different for each family.  In my opinion, there are four (4) main reasons a family may want to seek a formal probate process:

    1. Children,
    2. Problems with a will,
    3. Real estate, and
    4. No money.

    I recognize these issues are complicated and stressful.  If you need help weighing these reasons, please contact me for help.

    Reasons for formal probate – children

    Putting a child’s best interest first is always number one.  Period.  Luckily, our court system believes this too.

    Yes, the number one reason a family should seek the formal probate process is because the person who died had children under the age of 18.  In my opinion, this is true regardless whether a person had a will.

    Because probate courts in Minnesota frown on giving children assets outright and our Department of Human Services sometimes get involved, heirs or guardians of minors are appointed responsibilities that will have great significance on a child’s well being going forward.  Thus, children are the number one reason for a family to seek the formal probate process.

    Reasons for formal probate – will problems

    A second reason a family likely should petition a court for a formal probate in Minnesota is because the will has problems like:

    Reasons for formal probate – real estate

    More reasons for formal probate include real estate problems like a home needing to be sold.  Generally, this issue does not come up with couples where one spouse is still alive.

    Other times, the necessity to seek a process to maintain a home (heating, general maintenance, etc.) to assure our cold weather does have a negative impact on the home or residence is a good reason to utilize the formal probate process.

    Reasons for formal probate – no money

    Yes, an estate that has no money or is insolvent is a reason for a personal representative to petition a court or venue in Minnesota for a formal probate.

    But wait, the person who died has no money?  Even a person who has no money – generally has money of some amount.  For this reason, Minnesota ranks or prioritizes  creditors.

    The first type of creditor with an interest in an estate with no money is a funeral home.  The second priority are those rendering professional services.  The third most important creditor is the IRS.

    Help weighing reasons for formal probate

    I recognize these issues are complicated and stressful.  If you need help weighing these reasons, please contact me for help.

  • Here is the Best Eulogy for a Spouse or a Loved One

    Here is the Best Eulogy for a Spouse or a Loved One

    Using your next 4 minutes to watch this eulogy for a spouse can be very powerful.

    I am praying for you and your family.

  • Do You Want a Funeral Honor Guard at Your Funeral?

    Do You Want a Funeral Honor Guard at Your Funeral?

    Yes, asking for an Honor Guard to participate at your loved one’s funeral is a wonderful homage to your family with military ties.

    This is the paperwork a Veteran will need in Minnesota and this is what a Funeral Honor Guard looks like:


    https://www.youtube.com/embed/OBfKH1gbQfs

  • Unemployment Questions and my Favorite Answers

    Unemployment Questions and my Favorite Answers

    Getting ready for unemployment questions for your hearing is an important step in winning an appeal.  And yes, the answers you identified in your application are extremely important.

    But, if a person does not know the answers to these three (3) unemployment questions, they will likely fail.

    1. What were your job responsibilities,
    2. Describe your last day of work.

    If you need help working through questions that might impact your case, please contact me for help.

    Unemployment Questions – job responsibilities

    The easiest way an unemployment law judge can determine if a person is credible or not is how they respond to unemployment questions.  Thus, getting the easiest questions “right” is really important.

    In my opinion, nobody, including a judge and former employers, knows their job better than the person who did it on a regular basis.   As an introduction to nearly every unemployment hearing, the unemployment law judge will ask applicants what they did for work and what their job responsibilities were.

    Now, this question is really easy when talking with friends and family.  For whatever reasons, being under oath and responding to a Judge’s questions for the first time is intimidating.  To reduce stress and anxiety, I encourage people to make a list of their job responsibilities before the hearing starts.

    Unemployment Questions – why your job ended

    The next question that usually trips people up is telling a judge why their job ended.  First, a person has to know whether they quit their job or they were fired for something Minnesota unemployment law defines as “employment misconduct“.

    Second, being able to connect a job ending to unemployment rule 268.095 is going to give applicants a significant advantage.

    Unemployment Questions – last day of work

    There is no better way for an unemployment law judge to hear details about a person’s job than reviewing their last day of work.  For this reason, applicants seeking unemployment benefits need to know the details of their last day of work as if it happened yesterday.

    Also, I believe knowing details about the last day of work will help an applicant prevent a lie from gaining traction.

    Help with Unemployment Questions

    If you need help working through questions that might impact your case, please contact me for help.

  • The 9 Hardest Formal Probate Steps

    The 9 Hardest Formal Probate Steps

    There are nine (9) formal probate steps in Minnesota.  Because everybody asks:  yes, there is a difference between an unsupervised versus a supervised formal process in MN.

    Also, selecting the right probate process is even more important if the person who died had no money.

    Formal Probate Steps

    If you are a personal representative and you need help creating forms or complying with the steps outlined below, please contact this law office for help.

    First 4 formal probate steps

    Both an unsupervised and supervised formal probate starts the same.  The first five (5) steps are:

    1. Filing a petition with the right court or venue,
    2. Notice for a hearing given to every interested person and entity,
    3. An actual formal hearing takes place, and
    4. The probate court or venue issues an order.

    Next 5 formal probate steps: Unsupervised

    The next five (5) steps for an unsupervised process are:

    1. Asset collection,
    2. Inventory preparation,
    3. Settling claims with creditors,
    4. Tax returns, and
    5. Estate distribution.Formal Probate

    Next 5 formal probate steps: Supervised

    The next five (5) steps for an supervised process are:

    1. Asset collection,
    2. Inventory preparation,
    3. Settling claims with creditors,
    4. Tax returns, and
    5. Seeking a court order.

    What is the difference?

    One of the biggest difference between a formal and an informal probate process is being forced to seek and ask for a Court’s approval.  In other words, acquiring a court order.

    Yes, reducing liability owed to a creditor, taking the right steps to account for the assets of another person and distributing their assets accordingly to the rules of their will or a court is a responsibility imposed by law.

    If you have time, consider reviewing these rules and laws to help your decision making process.

    Need more help?

    Whether you are a beneficiary or want to be a personal representative of an estate, please contact this law office for help.

  • The Worst Witness Selection Ever Made

    The Worst Witness Selection Ever Made

    Witness Selection for an upcoming unemployment hearing is a significant process.  For one, you need them to show up.  Second, you need them to tell the truth.  Third and most importantly, you need them to help your case.

    If you need help with witness selection, please contact this law office for help.

    Witness selection is important

    In my opinion, the number one reason why witness selection is important is because failing to seek or use a witness at during your hearing will likely be very difficult later on.

    Make your witness show up

    Yes, you can make your witness show up by seeking a subpoena.

    Telling the truth

    Yes, there is recourse or remedy when your employer’s witness selection turns into a lie.  The most significant legal rule to support telling the truth are rules compelling an oath.

    This law office prefers to engage a witness beforehand, ask them questions on their recollection of events and sometimes encourage applicants to seek an affidavit from their witness.

    Will a witness help your case?

    Look, it is better to have as many witnesses as you can to support your claim for unemployment benefits.  Most applicants seeking unemployment benefits are trying to prove a case under rule 268.095.  Yes, this rule can get murky and sometimes even ugly.  There is nothing wrong with preparing to much.

    What should you ask your witness?

    Again, always talk with your witness before your hearing.  This is true because you want to make sure they saw or interpreted your situation like you.

    If you do not know or it is unclear whether your witness selection will be hostile, likely a person should second guess their value.

    Help with witness selection?

    If you need help selecting a witness or seeking, preparing a witness or acquiring a subpoena, please contact this law office for help.

  • For Military Families Needing A Funeral Honor Guard in Minnesota

    For Military Families Needing A Funeral Honor Guard in Minnesota

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

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

    Estate Planning Attorney

    Veteran Estate Planning

    Contact Now

    Forms for a Funeral Honor Guard?

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

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

    What does a Funeral Honor Guard do?

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

    Funeral Honor Guard

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

    How many people are part of the Honor Guard?

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

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

    Should you bother seeking an Honor Guard?

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

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

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

    Rules Granting an Honor Guard

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

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

    Who manages the Funeral Honor Guard in Minnesota?

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

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

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

    Do you need help?

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

  • Unemployment Help Means This…

    Unemployment Help Means This…

    Unemployment help means something different to everybody.

    Unemployment Help

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

    (1)  Help filling out an application,

    (2)  One-on-one consultations,

    (3)  Phone hearing,

    (4) Filing an Appeal,

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

    (6)  Filing a Request for Reconsideration,

    (7)  Representation during an Unemployment Audit,

    (8)  Help with a Garnishment,

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

    (10)  Reduce unemployment taxes and penalties,

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

    (12)  An appeal to the Minnesota Supreme Court,

    (13)  Other services specific to your situation.

    Need more unemployment help

    Please contact me if you need help.

  • Why TAA and Unemployment in Minnesota is a Mess

    Why TAA and Unemployment in Minnesota is a Mess

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

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

    What are TAA benefits?

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

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

    How much are TAA benefits worth?

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

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

    Legal cases for TAA and Unemployment in Minnesota

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

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

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

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

    Minnesota Unemployment Laws

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

    Are TAA benefits the same as Unemployment benefits?

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

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

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

    How do you get TAA benefits?

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

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

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

    MN Unemployment Appeal

    The unemployment office in Minnesota denied my TAA benefits

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

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

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

    File an appeal for Trade Adjustment Assistance

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

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

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

    Do you need help appealing TAA benefits?

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

  • 3 Steps to Fund Revocable Trust in Minnesota

    3 Steps to Fund Revocable Trust in Minnesota

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

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

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    Fund Revocable Trust: Step 1

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

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

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

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

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

    Fund Revocable Trust: Step 2

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

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

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

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

    Fund Revocable Trust: Step 3

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

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

  • For Minnesota Folks Who Care About Federal Estate Taxes

    For Minnesota Folks Who Care About Federal Estate Taxes

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

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

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

    Federal Estate Taxes and Gift Taxes

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

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

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

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

    3 Gifts that are not Taxed

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

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

    Federal Estate Taxes and Death Taxes

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

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

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

    Estate Planning and Federal Estate Taxes

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

  • 5 Steps After Your Spouse Dies in Minnesota

    5 Steps After Your Spouse Dies in Minnesota

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

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

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

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

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

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

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

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

    Step 2 if your spouse died in Minnesota

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

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

     Step 3 if your spouse died in Minnesota

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

     Step 4 if your spouse died in Minnesota

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

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

    Final step if your spouse died in Minnesota

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

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

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

    Need more help?

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

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

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

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

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

    What is a legacy letter?

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

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

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

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

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

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

    What do people include in an ethical will?

    Generally, an ethical will includes information like:

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

    When should you create a legacy letter or ethical will?

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

    Resources to create or print a legacy letter

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

    Need help with your ethical will?

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

  • Is Your Drivers License Enough to make Anatomical Gifts

    Is Your Drivers License Enough to make Anatomical Gifts

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

    Forms for Anatomical Gifts

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

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

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

    Religion and Anatomical Gifts

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

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

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

    In Minnesota, who can make Anatomical Gifts?

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

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

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

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

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

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

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

    Can a person edit or change their Anatomical Gift?

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

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

    Can a person revoke an Anatomical Gift?

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

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

    Is there a list of authorized donor registries?

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

    Help with making or waiving Anatomical Gifts

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

  • TALX, Equifax, and the Unemployment Devil

    TALX, Equifax, and the Unemployment Devil

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

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

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

    Why is TALX and Equifax Bad?

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

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

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

    How Do You Find Out Who Represents The Employer?

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

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

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

    Will Their Representative Be On the Phone?

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

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

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

  • Stressing Over Probate e-Filing in Hennepin County

    Stressing Over Probate e-Filing in Hennepin County

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

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

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    Probate e-Filing in Hennepin County

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

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

    What is the e-filing and the process?

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

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

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

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

    Is the Probate e-Filing in Hennepin County public?

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

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

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

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

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

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

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

    Where to find Minnesota probate forms

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

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

    My Cardboard Box vs. Your Revocable Trust in Minnesota

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

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

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

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    What is a Revocable Trust in Minnesota?

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

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

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

    Is a revocable trust in Minnesota complicated?

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

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

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

    What is the hardest part about a revocable trust?

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

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

    How do you fund a revocable trust in Minnesota?

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

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

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

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

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

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

    How many beneficiaries can you list in a revocable trust?

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

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

    Do you need an attorney to create a revocable trust?

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

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