Author: Jasper Berg, J.D.

  • 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.
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    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.

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    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.

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    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
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    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.

  • Unemployment’s New MN DEED Commissioner Is Who❓😱

    Unemployment’s New MN DEED Commissioner Is Who❓😱

    The new MN DEED Commissioner is Steve Grove. For the thousands of people seeking unemployment benefits, forget the name. Instead, remember the title.

    Amongst other duties, Minnesota’s “DEED Commissioner” manages the unemployment process. When considering an appeal, knowing the name of the new commissioner is less important than knowing when the job title can have a positive impact on one’s benefits.

    I challenge you to do a quick search. Do a word search of Chapter 268 (MN unemployment laws and statutes) and look for the term “commissioner“. As you will see, Minnesota’s unemployment laws references DEED’s commissioner nearly 300 times.

    DEED Commissioner is Steve Grove

    Even though the new MN DEED Commissioner is Steve Grove, I believe Applicants should focus more on their personal job search process than the political structure managing the process.

    Absolutely, appeal strategies change based application, evidence, and employer matters. However, focusing on the decision maker is less significant than the strategy supporting or reversing an ineligibility issue.