Author: Jasper Berg, J.D.

  • Are You An Eligible Designated Beneficiary?

    Are You An Eligible Designated Beneficiary?

    Eligible Designated Beneficiary or EDB is a term created by the SECURE Act under IRS rule 401(a)(9).

    An EDB is a person who has lifetime distribution opportunities to an Individual Retirement Account or IRA. Because this new rule set changes required minimum distribution rules, an EDB designation is significant.

    In general, an Eligible Designated Beneficiary is a:

    • Surviving spouse to an employee or owner of an individual retirement account,
    • A Child of an IRA owner who has not reached the age of majority,
    • A beneficiary who is also disabled under rule 72(m)(7),
    • A chronically ill person within the meaning of section 7702B(c)(2), and
    • An individual who is not more than 10 years younger than the employee or owner of a retirement plan.

    Because this term modifies the rules where a person dies before distributions from an IRA are completed, this new rule impacts both the young and old.

  • Where is the SECURE Act?

    Where is the SECURE Act is trending on the internet. Why? Because finding the text to this new law is nearly impossible to find online.

    Even worse, the general public is left with editorial feedback on the rule change without having an accurate resource to read the law for themselves.

    Luckily, there is an answer.

    Finding the SECURE Act in Other Places

    Currently, a better way to find a copy of the SECURE Act is to review a congressional report called 165 Cong. Rec. H 10386.

    Another way of finding information about this update to our tax code is by looking at any of these federal reports:

    • H. Rept. 98-1159
    • Conf. Rept. 105-217
    • S. Rept. 114-79
    • H. Rept. 116-62
    • H. Rept. 116-78
    • H. Rept. 116-107
    • S. Rept. 116-126
    • H. Rept. 116-353

    As a reminder, this new law is a fancy way of saying our IRS rules and statues were updated.

    In the future, and hopefully sooner than later, everyone will be able to access an updated 26 U.S. Code 26, the chapter of laws devoted to the Internal Revenue Code, using free resources online. This will be significant for families and Eligible Designated Beneficiaries.

    Final Thoughts on Finding the Secure Act?

    In the meantime, the best way to find the SECURE Act is to utilize paid legal subscriptions.

    On the other hand, another option and a highly unutilized resources is visiting local law libraries open to the general public.

  • Living Trust: 1⃣ Sentence Definition

    Living Trust: 1⃣ Sentence Definition

    A living trust shouldn’t feel like algebra. If you are considering a Living Trust or want to know more about what it means and how it works, then consider my simplified definition.

    In general, this type of estate planning tool is a piece of paper that is controlled while we are alive. In other words, a document that allows flexibility.

    When we die or become incapacitated, a living trust turns into an irrevocable trust. So, getting the living trust language right the first time is important.

    If you need help addressing the good, the bad, and the in-between of this tool, you found the right place.


    Estate Planning Attorney

    Estate Planning Attorney

    Why Is It Called A Living Trust?

    I see a lot of people who are fearful that a trust makes life more complicated. And, I see a lot of families get scared off by fancy names like a conduit trust, grantor trust, a see through trust, or even a “complex” trust.

    For now, keep it simple. Just like there are hundreds of different makes and models of cars, there are an infinite number of trusts and types. Every trust is different because every person is different.

    Now is not the time to turn back. Remember, this is about keeping this simple and down to one sentence versus outlining everything that you should write.

    A Living Trust versus a Revocable Trust

    Generally, a living trust and a revocable trust are one in the same. However, they don’t have to be. A living trust that is revocable too is a piece of paper that allows a person to terminate or end the trust.

    Living Trust versus a Inter Vivos Trust

    In Minnesota, a living trust and an inter vivos trust are the same. A living person who is at least 18 years of age creates a trust during their lifetime. The trust document be revocable or irrevocable, simple or otherwise.

    Reasons for a Living Trust

    In Minnesota, there are many reasons why a person or couple create a living trust. As a reminder, the reasons are different for every person and family.

    In no particular order, a person entertains a living trust to:

    • Avoid or reduce the risk of probate,
    • Prevent the government from making decisions on their behalf,
    • Make life easier for a spouse,
    • Serve the needs of young children,
    • Tax goals,
    • Serve the needs of grandchildren,
    • To assign a specific trustee,
    • Privacy,
    • Avoid time delays,
    • Land owned in more than one state, and
    • Reduce conflict.

    Indeed, there are more reasons for having a living trust. However, the reasons are generally specific to each person and family.

  • Brain Donations for Military Veterans

    Brain Donations for Military Veterans

    Brain donation is turning into a big topic for military veterans with various battlefield injuries like PTSD and CTE. Some military veterans are doing it as a way to continue their service of others, while other vets want clarity for their family members.

    Regardless, there is a right way and a wrong way to donate one’s brain or any body part for that matter. Unfortunately, military veterans are acquiring bad information.

    If military veterans take the advice in published articles outlined in the American Legion, military veterans in Minnesota might not get what they expected. And, online web designations are making matters worse.

    Luckily, there is an answer.

    Pledging A Brain Donation

    As it stands right now, making a pledge to donate a brain through an online website like CLF or VA-BU-CLF isn’t good enough. There are four significant reasons why:

    • Doing so may contradict other official statements made on a Minnesota driver’s license;
    • Pledging a brain donation may contradict previously created estate planning documents;
    • The donation center selected today might not be around in 5, 10, 20, 30, 40, or 50 years;
    • And, if your Family doesn’t know, nobody knows.

    Veterans Wishing to Donate Organs

    The process for military veterans wishing to donate their organs is a similar process as those who do not. Use a formal document that complies with Minnesota Chapter 525A and clearly express one’s wishes.

    Expressed wishes sometimes show up inside a health care directive.

    Other times, the details of an organ donation are outlined in a specific organ designation form.

    Ideal Practices for Organ Donation

    Ideal practices may include:

    • Making a decision,
    • Having a discussion with key family members (spouse, adult children, etc.),
    • Having a formal document clearly state what is intended by the organ donor,
    • Following the rules under Minnesota Chapter 525A, and
    • Having a written statement that allows the Health Care Agent or Organ Care Agent an opportunity to make choices or changes on behalf of the military veteran if required.

    Future Organ Donations

    For military veterans wishing to make a brain donation, I like to see contingency plans that favors other family members. Unfortunately, many military families cannot predict the future needs of a relative or grandchild.

    Donating a brain today sounds great. But, what if a future grandchild needs a kidney, liver, or cornea? Certainly, every organ donation should allow for other needs, just in case.

    For these reasons and the rules governed under Minnesota Chapter 525A, a brain donation is not as simple as making an online web designation. Instead, include this type of designation to a personalized estate plan.

  • RMD and Required Minimum Distributions

    RMD and Required Minimum Distributions

    RMD is an acronym for “Required Minimum Distribution”. RMD is a fancy term used to describe rules on time and money impacting retirement plans. In other words, how much money must a person take from their retirement product in any given year?

    Absolutely, RMD is important from an estate planning perspective too. But, if this is your first time addressing this, let us start slow.

    Rules and laws for RMD requirements come in two flavors:

    • Rules during a person’s life, and
    • Rules after a person dies.

    Where To Start with RMD?

    Really, you already started, so there is that. Now, let us add a second piece. What are the rules?

    What makes a rule easier to follow are those that are written down. Rules spoken about as if everybody knew them are unfair. Why? Because most people have never read RMD laws.

    Luckily, you are different and took it upon yourself to start reading about Required Minimum Distributions because you want to know how it impacts your retirement, spouse, and adult children. Thus, good for you!

    RMD Rules and Laws

    Like I mentioned earlier, I like rules that are written down.

    Here is a short, but not complete list of laws and rules that apply to RMD requirements:

    On the other hand, if you are looking for the specific law when everything started, you can begin your search with P.L. 99-514.

    Required Minimum Distribution Laws are Important

    From an estate planning perspective, RMD rules and laws are important for our trustees, beneficiaries, spouses, and us as owners of accounts.

    Certainly, leaning on professionals makes sense because these rules have long term impacts. On the other hand, these rules are important because they impact our money and tax bill.

    For this reason, I believe individuals and families willing to spend time to create a personal RMD roadmap are helping their trustees, spouses, and children in the long run.

  • 6 Reasons why Christmas Layoffs are the Best Type of Layoff

    Christmas layoffs feel horrible, which is why I wanted to identify six reasons why things will not be as bad as you think.

    After grief, the step following a layoff is seeking unemployment benefits. If this is your first time approaching this problem, please consider these six points as you begin your search for employment.


    Unemployment Lawyer

    Unemployment Help


    Christmas Layoffs:  Best Time Reason #1

    If a job must end, being laid off is the best involuntary reason for work to end.

    Of course, when a job transition is blurred between a layoff, quit, or termination, this is generally where people seeking unemployment benefits make errors in their application process.

    That aside, when a worker with certainty experiences a Christmas layoff, generally speaking, that person has far more advantages from an unemployment perspective versus any other type of job loss.

    Part-Time: Reason #2

    The second reason being laid off during the holiday season is the best time for a layoff is given the opportunities for part-time work.

    Many people scoff at this.  After all, they want a full-time job.  However, the idea of adding part-time work to one’s job search process is intended to buying time. More on this in a second.

    But first, if you are an upper level manager or executive, perhaps you are now turned off by my reference to part-time employment. Part time jobs do not downgrade careers. And, nobody needs to know. That said, upper level employees encounter a different set of issues, which I discuss in other posts.

    Back to buying time.  What I mean is the process of finding part-time work with the intent of delaying the payment of benefits under Statute 268.085

    Why would a person want to do this?  Here are three reasons:

    • To get out of the house,
    • Building hope that benefits will not end after 6 months, and
    • Giving oneself a bigger window to find  the ideal full-time opportunity.

    Again, part-time work opportunities are abundant around the holidays versus the summer months.

    Over the last few years, the summer months generally see a higher unemployment rate than our winter months.  My source of truth stems from the seasonally adjusted unemployment statistics published by MN DEED.

    If this doesn’t convince you that the best layoff is a Christmas Layoff, then consider my third reason.

    Summer Job Seekers:  Reason #3

    Working with unemployed employees at all levels, it is my experience that summer layoffs are worse.  I believe this is the case because there are fewer opportunities for short-term or temporary jobs.

    Look, workers and employees who are able and willing, are going to find work.  The best job might not come along right away, but eventually, it must.

    Yes, the job search process at 45, 55, and 65 feels icky.  For that matter, the job search process at 25 and 35 feels icky too.  But, the job search process is not impossible.  Just different than the last time you were looking for a job.

    Even better, laid-off workers in Minnesota can collect unemployment benefits for 26 straight weeks.  When things get bad, our Government has the option to extend unemployment benefits even future. This isn’t guaranteed, but it helps.

    Because laid-off workers are required to wait one week before collecting, this puts most people in the month of June before benefits will end.  If my intuition is right, you are going to find a job long before June.  

    For those that disagree, might I suggest more positive thoughts. If this doesn’t convince you, then consider my fourth reason.

    Company Budgets:  Reason #4

    Most businesses and companies start over with their budget on January 1.  This generally means companies are firm on growth projections and needs.  In other words, new job postings are more likely to get posed in the new year.  Also, this means an unemployed worker is less likely to hear “we have a hiring freeze“.

    For the types of businesses that ramp up in the spring or summer, you are ahead of that curve too!

    If this doesn’t convince you, then consider my fifth reason.

    Taxes Start Over: Reason #5

    Collecting unemployment in January is better than collecting unemployment in October or November.

    On their own behalf, some of my past Clients take it upon themselves to set aside their own tax deductions.  When an applicant in Minnesota fills out their application for benefits, they will be asked whether they want taxes taken from their benefit.

    Of course, this is a personal choice and requires feedback from a tax professional.

    However, it is reassuring that the tax window for benefits after a Christmas layoff is pushed out a little further.  Combine this with the hope of landing a new job in the months to come, I view this as a positive.

    If this doesn’t convince you, then consider my sixth reason.

    Minnesota Unemployment: Reason #6

    On a week by week basis, Minnesota pays the second most in unemployment benefits.  In other words, I would rather be unemployed in Minnesota than 48 other States.

    If you are curious, Massachusetts pays the most.  If you have an hour, here is a cool website with additional UI data points.

    Final Christmas Layoff Thoughts

    I believe in Christmas Miracles.  You are one phone call from making things turn around. Whether your miracle comes this week, in four months, or thereafter, today is the goal.

    Nonetheless, I wish you and your family the very best during this holiday season.

  • 4 Big Risks Before Transfering a House Into a Trust

    4 Big Risks Before Transfering a House Into a Trust

    Transfering a house into a revocable trust is the process of funding the trust. When this process goes bad, mortgage payments can balloon and property can end up in the wrong hands.

    To reduce these risks, there are generally 4 issues needing review before a home is moved into a revocable trust.

    Even though each issues is specific to the property itself, knowing what to ask may help homeowners make longevity decisions in favor of their spouse, children, or heirs. Sometimes, even pets.


    Estate Planning Attorney

    Estate Planning

    Transfering a House: The Big 4 Plus One

    Five issues every family should consider before funding a revocable trust with their home include:

    • What does the Deed say?
    • Is there concerning Mortgage language?
    • Will an Insurance Policy get revoked?
    • Which Conveyance Form should be used?
    • Are there tax consequences?

    To Begin, Review The Deed

    Perhaps i is obvious, but looking at the current deed of a property before moving a home into a revocable trust is an important step. Of course, there are others steps, but obtaining and reviewing the deed cannot be overlooked.

    Reviewing the deed is important because the deed identifies the owner and legal description.

    Then, these elements should be compared with other legal documents, like a marriage license or birth certificate or the County Recorder’s Office.

    If either one of these elements are wrong, likely the deed should be corrected prior to a conveyance into a revocable trust.

    Review the Mortgage

    The next issue is determining whether the mortgage itself, supports a transfer. This is important because of the risk concerning due on sale clause. If there is more than one mortgage, then each mortgage needs to be reviewed.

    Defaulting on a mortgage for an unauthorized transfer or breaching a due on sale clause are scary scenarios to be avoided at all cost. Likely, this means involving the mortgage company and asking the lender for an approval to certain documents.

    Even though there are protective rules like the Garn-St. Germain Depository Institutions Act of 1982, the rule doesn’t account for every situation.

    Thus, double and triple checking the mortgage language before funding a revocable trust with a home is non negotiable.

    Homeowners Insurance Problems

    Yes, transfering a house into a revocable trust can cause insurance problem or a lapse in coverage. The answer to this issue is also found within long winded insurance policies.

    For this reason, inquiring with the homeowner’s insurance agent or asking the insurance company to add a trustee of the trust can prevent insurance problems.

    Conveyance Forms

    Conveyance forms are specific pieces of paper used in Minnesota to track property transfers. Upon first glance, Minnesota has more than ten pages of possible forms. As a result, guessing is not an option.

    When a revocable trust us funded with a home, many families weigh the pros and cons of a quit claim deed versus a warranty deed.

    Other times, families forego a conveyance all together and seek out a Transfer on Death Deed (TODD).

    As a result, transfering a home into an inter vivos trust requires reviewing which conveyance form is best.

    Transfering a Home and Tax Consequences

    Preventing a taxable event before transfering a residence into a revocable trust is a common goal. Before conveying real property into a trust, reviewing the tax consequences from the perspective of the Grantor, Trustee, and Beneficiary is a necessity.

    Other issues to consider is the homestead creditor protection or property tax exemptions. Otherwise, here is another great resource created by the IRS.

    Final Funding Thoughts for a Home

    Perhaps funding a revocable trust with a house looks daunting. That said, this is all about reducing risk.

    From a practical perspective, taking prudent steps to prevent problems is easier than fixing problems.

  • Death Certificates: The $13 Dollar Risk

    Death Certificates: The $13 Dollar Risk

    Death certificates in Minnesota are easy to acquire and creates a security risk. Yes, just about anybody can obtain a copy of the certificate by mail, fax, and on-line. Unfortunately, this means bad guys can get them too.

    A person can spend their whole live keeping their information private. Then, upon their death, that same person exposes their:

    • Date of Birth,
    • Social Security Number,
    • Full Name,
    • Mariage,
    • Place of Birth,
    • Residence,
    • And list of other private information for for a small fee of $13.

    Estate Planning Attorney

    Estate Planning

    Stolen Identities from Death Certificates

    Of course, Minnesota goes out of their way to protect privacy. For example, there are a bunch of forms that need to be filled out in order to obtain a copy of the Death Certificate.

    On the other hand, bad guys lie.

    After A Loved One Dies

    Because this issue keeps me up at night, I like to see spouses, adult personal representatives, or trustees immediately upon the death of their loved one to do the following:

    • Give notice of death to the Social Security Administration,
    • Provide notice of death to the IRS,
    • Give notice of death to Minnesota’s Department of Revenue,
    • If the loved one was a Veteran, give notice to the Veterans Administration, and
    • Purchase online security protection.

    Why So Fast?

    Literally, giving notices and purchasing online security protection needs to happen days after a person dies. Here is why. As soon as an obituary is posted, the whole world will know about the death.

    Yes, obituaries are wonderful tools to share stories and the like. But, obits and death certificates in Minnesota are the feeding ground for identity theft.

  • Requests for Information: Unemployment Tip #17

    Requests for Information: Unemployment Tip #17

    Requests for Information from the unemployment office in Minnesota can feel repetitive. Like I was mentioning in Tip #001, this is an important topic.

    Applicants in Minnesota should rarely ignore duplicate requests for information. Here are a handful of thoughts and tips.


    Unemployment Lawyer

    Unemployment Help

    Repeat and Repeat

    Always assume questions asked on-line or by mail will get repeated. For some, a new questionnaire can come days later. For others, DEED’s repetitive requests can come months later.

    Requests for Information Will Keep Coming

    Here is what happens. Claims for benefits begin by Applicants filing claims for benefits. Once submitted, Minnesota’s unemployment office will submit a similar questionnaire to the Applicant’s former employer. Assuming the former employer provides feedback, DEED will review the answers.

    After DEED receives and reviews answers provided by the Employer, the unemployment office has the option to re-submit questions to the Applicant for further consideration or make a determination of coverage.

    Unfortunately, Applicants are hardly provided with the details from the answers provided by their former employer. Instead, this will come down the road in yellow envelopes.

    Nonetheless, the idea of keeping copies of questions and answers is to gage what was said in the past and to prevent contradiction.

    Wrong Answers Given

    Lots of Applicants believe they gave the wrong answer or feel like they contradicted themselves when asked to to respond to a request for information.

    There are lots of reasons why Applicants feel this way. Here are just a few:

    • They were under stress,
    • Misunderstood questions,
    • Memory lapse, and
    • Lack of knowledge,

    Sometimes, facts shared through this process can get clarified through the appeal process.

  • 13 Super Powers for a Power of Attorney in Minnesota

    13 Super Powers for a Power of Attorney in Minnesota

    Powers described in a Power of Attorney form give another person the ability to act on behalf of another person. I like to call these “Super Powers” because they generally do not require verification from the grantor.

    If you have attended one of my community education courses, then you know what I am referring to. If not, below is a short list of powers a grantor has the option of granting to their attorney in fact by using the form under Minnesota Statute 523.23.


    Estate Planning Attorney

    Estate Planning

    Powers Under the Short Form

    As referenced inside Form 100.1.1 and known as Minnesota’s Statutory Short Form Power of Attorney, the grantor can give their attorney in fact the ability to:

    1. Make real estate transactions,
    2. Transfer intangible or tangible property,
    3. Manage bonds and commodities,
    4. Complete banking transactions,
    5. Make business transactions,
    6. Handle insurance issues,
    7. Make beneficiary transactions,
    8. Render fiduciary transactions,
    9. Seek litigation,
    10. Manage family maintenance,
    11. Handle military benefits,
    12. Record reports and records,
    13. Govern all other matters.

    Each Ability Described

    Of course, the above words and phrases do not mean much if the person trying to govern a responsibility doesn’t understand its scope. For this type of person, perhaps revoking authority is a stronger response. Otherwise, Minnesota has an answer for managing responsibility too.

    For those curious, the construction of these terms are described thoroughly under Minnesota Statute 523.24. Additionally, please contact this law office for feedback regarding your specific situation.

  • Change an Estate Plan: A List of Good Reasons

    Change an Estate Plan: A List of Good Reasons

    Change to an estate plan happens for many reasons. Many people wait until it is to late. Luckily, Minnesota laws support a change to an estate plan when the the grantor or testator is of a sound mind. Assuming this is true, there is no better time than the present.

    That said, here are a few reasons why people make revisions to their estates:

    • Births or Adoptions,
    • Deaths,
    • Divorces to Guardians or Personal Representatives,
    • Marriages,
    • New feelings towards Guardians, Trustees, and Personal Representatives,
    • An increase in the composition of an estate or an expected inheritance,
    • Updates to state residence, and
    • Changes in Minnesota or Federal laws. 

    When to Think about Change?

    Look, many of us see a doctor once a year. Many of us see a dentist a couple times a year. Many of us meet with our accountant once per year. Well, revisiting our long term affairs requires our attention too.

    The holiday season is a great time to reconnect with extended family. But, I like the idea of doing a deep dive on one’s estate plan around the same time we file our tax returns. For some this is far too late. For others, it is just right.

    As a result, trust that distant voice. The right time is right now.

  • M21 Manual for Veteran Claims Was Revised by the VA

    M21 Manual for Veteran Claims Was Revised by the VA

    M21 is a significant reference for military veterans and their claims for benefits. In a nutshell, M21 is a document that describes the VA process for rendering benefits for all sorts of issues, including:

    For the Vets who know what this document is all about, Veterans confuse sections and parts. If this already sounds confusing, do not be afraid.

    Yes, the manual has many parts and uses a strange numbering system. Do not allow this to be a roadblock.

    Always assume you have an outdated M21-1 Manual. Luckily, Veterans, military families, and VA Benefit lawyers can find updates to the M21 Manual here, which shouldn’t be confused with the VA’s old M21 link.

  • CLIMB Benefits Or Unemployment Contradiction?

    CLIMB is an unemployment program in Minnesota that supports dislocated workers. CLIMB is an acronym for Converting Layoffs Into Minnesota Businesses.

    Unfortunately, this program is incredibly new and contradicts unemployment statutes.

    As a result, MN’s CLIMB program is causing problems.

    CLIMB History

    First, a little history. Yes, CLIMB is new. Perhaps others will talk about this program as if it has been around since the beginning of time, but really, it hasn’t.

    Yes, there is more than a decade worth of bills and suggested legislation that has gone into this new rule.

    The rule that finally went into place stems from something called Sec. 116L.17.

    Details for the CLIMB Program

    Here is what the statute says:

    Converting layoffs into Minnesota businesses (CLIMB) is created to assist dislocated workers in starting or growing a business. CLIMB must offer entrepreneurial training, business consulting, and technical assistance to dislocated workers seeking to start or grow a business. The commissioner, in cooperation with local workforce councils, must provide the assistance in this subdivision by:

    (1) encouraging closer ties between the Small Business Development Center network, Small Business Development Center training providers, and workforce centers, as well as other dislocated worker program service providers; and

    (2) eliminating grantee performance data disincentives that would otherwise prevent enrollment of dislocated workers in entrepreneurship-related training.

    Really though, the program is in its infancy stage and feels a lot more like the wild wild west. Currently, the only case that even addresses the statute itself is Pernue v. Craigin Mach Shop. But, this case doesn’t help applicants navigate CLIMB.

    As a result, pinning down concrete guidelines versus the posted information found here might require additional appeals to Minnesota’s Court of Appeals.

    CLIMB Contradictions

    In my experience, workers trying to collect unemployment benefits sometimes find it difficult to meet eligibility conditions under Minn. Stat. 268.085.

    Minnesota’s Converting Layoffs Into Minnesota Businesses program has the potential of pushing applicants into problems with eligibility conditions. This is especially true when the program fails at offering clear guidelines.

    Unclear guidelines are inspiring audits. And, applicants are finding it necessary to appeal issues of concern.

    Appeal CLIMB Issues

    With most government program in Minnesota, decisions are appealable. Exactly how and when is the generally the issue.

    Right now, this law office is seeing issues being reviewed through the Unemployment Appeal Process. However, it would not be surprising if cases are eventually reviewed or pushed towards Minnesota’s Office of Administrative Hearings.

    In the meantime, applicants should be even more diligent than they normally might. This includes reading, recording, and saving everything. For those wishing to appeal, please consider contacting this law office.

  • The $550 Million Dollar Will

    The $550 Million Dollar Will

    What does a $550 Million Dollar will look like? Well, we found out a short while ago when the will of Jeffrey Epstein was filed in the Superior Court in the United States Virgin Islands.

    A few key points we can take away from this document:

    • A last will and testament is a public document,
    • The names of the people identified inside a will become public, and
    • Picking an executor or personal representative without discussing it with them prior can have detrimental effects.

    Luckily, the process you take can be different and even more importantly, better.

  • Why Does the Unemployment Office Use Unclear Words?

    Why Does the Unemployment Office Use Unclear Words?

    The unemployment office uses words all day long. Some are described on their website. Other words are used in their letters, yellow envelopes, or by phone.

    Unfortunately, the words that get used are unclear because they encompass laws, rules, and statutes that most unemployed workers are not taking into consideration.

    Luckily, a prepared applicant seeking an appeal can help their own process by looking at other cases and examples. Generally, there isn’t going to be a perfect case just like the one being pursued.

    This shouldn’t be a surprise though. After all, everybody has a different story, a different boss, and usually a different employer cutting the check.

    What Does Unemployment Really Mean?

    When I am looking at words like employment misconduct or wages, I like the idea of turning to Minnesota’s Chapter 268.

    Minus experience, when I am trying to predict how a hearing might unfold, I start with Chapter 3310.

    Using decisions that have already been made can have a positive impact on a case. Luckily, there is a free search tool for this too. Have you heard of Google Scholar?

    Yes, every judge has a different style and every employer uses different strategies. Luckily, unemployed workers are resilient, tough, and ready for the road ahead.

  • Federal Work Comp is a FECA Matter

    The Federal Work Comp program is an interesting set of rules based on FECA. In its long form, FECA is better known as the Federal Employee’s Compensation Act.

    Yes, FECA helps compensate Civilian officers and employees when they are injured or hurt at work.

    Because the federal claim process is unique and different from state worker compensation programs, knowing who is covered and how is not is even more critical.

    FECA Protects Gov’t Workers

    In general, the Federal Work Comp program helps:

    • Civilian Employees
    • Civilian Officers
    • Volunteers to the Civil Air Patrol
    • Members of the Reserve Officer’s Training Corps
    • Peace Corps Volunteers
    • Job Corps Enrollees
    • Volunteers in Service of America
    • Members of the National Teacher’s Corps
    • Some Student Employees
    • Some Law Enforcement Officers not employed by the United States
    • And various other people who provide services to the US Government

    Federal Work Comp Laws

    Federal work comp laws are discussed in a variety of locations. First, the rules that protect federal workers can be found within Chapter 81 of the US Code.

    Second, the rules protecting Civil Service employees are found within Title 20, Part 10 in the Code of Federal Regulation. Third, the twist and turns the above rules take and build upon.

    As a result, instead of working through the rules and trying to figure out which law applies, please consider reaching out for help.

  • Old Unemployment Claims From Years Ago

    Old Unemployment Claims From Years Ago

    Old unemployment claims in Minnesota still reveal their ugly head many years after the fact as an overpayment.  Here are three ways people are reminded of an old claim:

    • Wage Garnishment
    • Nasty Letters from DEED
    • Tax Return Recoupments

    Unemployment Lawyer

    Unemployment Help


    Another way old unemployment claims get brought up is that moment a couple or family begins the process of buying a home or seeking credit.  

    I believe the best approach of tackling an overpayment is by knowing one’s rights.

    Types of Old Unemployment Claims

    In general, there are two types of overpayments specific to unemployment benefits in Minnesota:

    1. An Overpayment because of Misrepresentation, and
    2. Everything Else

    The laws pertaining to an overpayment in Minnesota are different based on its classification or type.

    Unfortunately, the rules have changed many times in the last few years, which is past experiences may not always be right. As a result, I like the idea of reading and reviewing MN Statute 268.18.

    Are Old Overpayments Still Valid?

    The unemployment office gets claims wrong. Because everybody has a different story, each issue regarding validity is different too.

    I do not always trust the advice people are getting from outside resources. For this reason, I like the idea of doing an audit of available resources and applying the information to Unemployment’s statute of limitations.

    After all, asking for help from a 900 pound gorilla can sometimes be disastrous.

  • Did You Attend this Community Education Class?

    Thank you for attending the estate class I presented through Community Education.

    As promised, here is a link to Minnesota’s self-proved will statute, which I called out as Minn. Stat. 524.2-504.

    Also, here is a link to the Attorney General website that allows you to acquire a copy of their Probate and Planning guide.

    Finally, please tell your friends and family about my events and the other great classes being offered under at Bloomington’s Community Education program.