Tag: Revenue Recapture

Revenue Recapture for unemployment benefits can occur for many different reasons. Cases, information, and laws on when unemployment benefits and revenue recapture collide.

  • Will Your Trust Last Past This Date?

    Will Your Trust Last Past This Date?

    How long does a trust last depends whether the trust document grants a trustee to remove property or assets upon defined triggering events. Otherwise, the rule against perpetuities may decide for you.

    As simple as this issue might appear, when or if a trust will end depends on a number of factors. This includes:

    • Type of Trust Created
    • Capacity of the Grantor
    • Assets Involved
    • Terms of the Trust
    • State Law of the Grantor
    • Residency of the Beneficiary/Trustee

    The first element in reviewing trust duration is identifying the type of trust created. For example, A testamentary trust is going to be subject to ongoing court supervision, creating less flexibility.

    For those unfamiliar with a testamentary trust, this type of arrangement is created at death using a will. Because these types of documents are highly scrutinized, they have become increasingly unpopular through the years.

    Compare this to an inter vivos trust, which allows for a Grantor to be more creative in their timing of asset distribution. When you put the power in the hands of the person or couple creating the trust, by default, have more options.

    The duration of an inter vivos trust, like a revocable trust, is closely linked to the lifespan of the grantor. A grantor is the individual who establishes the trust.

    Unlike an irrevocable trust, which typically has a fixed lifespan, a revocable trust offers the grantor the flexibility to make changes or revoke the trust entirely while they are alive and have capacity. This feature makes the duration of a revocable trust inherently tied to the grantor’s lifetime.

    When trust duration or when a trust can get continued, the number of living beneficiaries must be considered. In other words, the Rule Against Perpetuities (“RAP”). This is generally handled by the trustee and their representation.

    In general, the rule against perpetuities says that a trust could last for the lives of all relevant people who were alive when the trust was formed, plus twenty-one years. Unfortunately, Minnesota’s RAP is a little more complicated.

    How long a trust might last can depend on the terms of the document too. For example, a grantor can end or terminate a trust upon a specific event like reaching a certain age.

    Another reason that a trust might end or fail to continue is the result of an economic inefficiency. When trust assets fail to generate sufficient returns to cover administrative costs or sustain the intended distributions, perhaps this means dissolving the trust.

    Further, trust duration may be impacted by the situs state of the trust too. The situs state of a trust holds paramount importance due to its legal and jurisdictional implications. It determines the governing law, tax regulations, and court jurisdiction for the trust.

    As you can imagine, trust duration is different in every state. Every state has their own rule on determining how long a trust instrument can last. Some states are favorable, while other states are not.

    States that suggest giving trusts an opportunity to last up to 360 years include Alabama, Florida, Georgia, Mississippi, Nevada, and Tennessee.

    A state that has hinted at granting trusts an opportunity to last up to 500 years is Arizona. States that have suggested a trust duration of up to 1,000 years are Alaska, Colorado, and Wyoming.

    Believe it or not, there are other states that suggest an unlimited period that a trust can continue. This includes Arkansas, Delaware, District of Columbia, Hawaii, Idaho, Illinois, Kentucky, Maine, Maryland, Michigan, Missouri, Nebraska, New Hampshire, New Jersey, North Caroline, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Dakota, Utah, Virginia, and Wisconsin.

    Trust duration is a powerful tool in shaping one’s legacy and securing the future. By understanding the intricacies of trusts, individuals can navigate the complexities of estate planning with confidence.

    May your journey crafting a secure and meaning.

  • Unemployment Revenue Recapture for Minnesota – Say What?

    Unemployment Revenue Recapture for Minnesota – Say What?

    Unemployment revenue recapture for Minnesota is a somewhat of a new process.  Generally, you will receive notice by mail that the unemployment office in Minnesota is using help from the Department of Revenue to collect an unemployment overpayment.

    In other words, the unemployment office is trying to use your tax return to collect money from you that they believe you owe as a result of an unemployment overpayment.


    Unemployment Lawyer

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    Can you appeal an Unemployment Revenue Recapture for Minnesota?

    Yes, you can appeal an unemployment revenue recapture for Minnesota by following the appeal rules and procedures that are usually outlined in the notice you received by mail.

    Should you file an appeal for an unemployment recapture or talk to a lawyer first?

    Obviously this law office is biased, but yes you should talk with a lawyer regarding an unemployment revenue recapture issue.

    An unemployment revenue recapture hearing should be reviewed with extreme caution.  The procedure for an appeal of this nature is similar to other unemployment appeal hearings you may or may not have partaken in.  

    That said, an unemployment law judge may utilize an unemployment revenue recapture hearing to justify an audit of your benefits or attach fraud to your claim. 

    Thus, an unemployment revenue recapture hearing should never be treated lightly.

    What else should you know about an unemployment revenue recapture for Minnesota?

    The intent of the revenue recapture hearing is to see whether your case should not be forwarded onto the Minnesota Department of Revenue. 

    If the applicant believes that their claim for unemployment benefits should not be forwarded onto the Minnesota Department of Revenue, consider appealing the notice of revenue recapture.

    What if you don’t appeal an unemployment revenue recapture for Minnesota?

    If you do not appeal, then the unemployment office in Minnesota will move forward with the process to intercept your tax return and use it to to repay an unemployment overpayment.

    What if you are not expecting a tax return?

    Even if you are not expecting a tax return, you should still consider an appeal.  The Minnesota Department of Revenue can use this process to attach a lien to your home, your car, or a bank account.

    What should you do first?

    Look, this law office knows this can be a scary or an overwhelming process.  Do not panic because you absolutely have rights.  Although every situation is different, consider contacting a lawyer for help.  

    As an alternative, consider visiting a law library and conduct further research on the process specific to an unemployment revenue recapture for Minnesota.