The following are terms and definitions for conservatorship, guardianship, and related concepts. Please note, these are common definitions, but precise legal definitions may vary depending on how a term is defined in a contract, law, or case. Table of Contents What is an Affidavit?What is an Appeal?What is a Bond?What is a Burden of Proof?What…
The following article explains minimum wage and overtime issues related to home care works, including FLSA rules that apply to employees. Table of Contents Minimum wageOvertime payHours WorkedRecordkeepingConsequences of not complying with the FLSA Minimum wage As of early 2016, the federal minimum wage is $7.25 per hour. That means any worker who is covered by the…
Many Americans think of “illegitimate children” as an old-fashioned concept, especially when it comes to estate planning. After all, children born outside of a traditional marriage has become commonplace worldwide. As of 2014, over 40% of all children born in the United States were born outside of a traditional marriage. Unfortunately for all those children,…
The following FAQ addresses common questions about when cryptocurrencies are taxed and whether conversions between cryptocurrencies qualify as like-kind exchanges. Table of Contents Is transferring funds between cryptocurrencies taxable?Is a cryptocurrency conversion a like-kind exchange?Does the IRS View Cryptocurrencies as Money or Investment Property?Does the IRS Provide Tax Guidance on Taxing Cryptocurrencies?What Was the IRS’s First Position…
Major studies indicate that more than half of Americans will need nursing home care at some point in their lives. The major questions that stem from this are: first, what can I do now to plan; second, how can I pay for it? Here are a few options to consider. Table of Contents PayingLeverage Home…
After you file an application for a federal trademark registration, you need to wait for the USPTO to begin processing. The entire process usually takes 9-12 months but can take longer if complications or “office actions” arise. This article explains the steps that an application for a federal trademark follows. Table of Contents USPTO Reviews…
In this video, you get answers to these questions: What is a receipt and release form? Who is a trustee? What if a receipt and release was not signed? Table of Contents IntroductionDownloadTemplateDrafting NotesConclusionVideo Transcript Introduction This template is provided free of charge for the benefit of the public. As with any legal form…
This article is for people wondering whether to select “S Corporation” or “Personal Service Corporation” when applying for an EIN on the IRS.gov website. Let’s assume you are in the process of setting up an S corporation to provide professional services (e.g. law firm or chiropractic office), and now you need an EIN number. You visit…
This article answers questions about how federal employment discrimination law applies to religious dress and grooming practices, and what steps employers can take to meet their legal responsibilities in this area. Examples of religious dress and grooming practices include wearing religious clothing or articles (e.g., a Muslim hijab (headscarf), a Sikh turban, or a Christian…
Religious discrimination affects all faiths: Christian, Islamic, Hindu, Buddhist, Jewish, and more. Employers have liability for their policies and procedures related to how each employee’s religion affects work. Below are best practices for employers and managers in the United States. Table of Contents Disparate Treatment Based on ReligionEmployer Best PracticesReligious HarassmentEmployer Best PracticesEmployee Best PracticesReasonable…
An asset protection trust is a type of trust designed for the purpose of protecting your assets. This type of trust involves a number of legal techniques to protect assets from specific types of threats. When drafted properly, an asset protection trust can provide the following benefits: ensure funds are not used for substance abuse or…
Xenophobia is simply fear of foreigners. Conflict abroad often increases xenophobia in the workplace. This fear may manifest itself in different ways among your employees: distrust, anxiety, or discrimination. On the surface, xenophobia can seriously affect your company’s culture. It can also get your company in legal trouble. For example, the Equal Opportunity Commission (EEOC) has sued…
The United States Anti-Kickback Statute was enacted into law to prevent companies (and individuals) from paying to induce or reward patient referrals for any goods or services covered or reimbursed by federal healthcare programs. In particular, the concern was goods and services—including pharmaceuticals, medical supplies, medical care, and health care services—covered by Medicare and Medicaid. Table…
Table of Contents Is ‘Indemnify’ the Same as ‘Hold Harmless’ in Minnesota Statutes?Legislative Intent Based on Law DictionaryOld Approach: Employer Reimbursement Under Common LawNew Approach: No Employer Reimbursement Under Minnesota Statutes Is ‘Indemnify’ the Same as ‘Hold Harmless’ in Minnesota Statutes? Yes, “indemnify” generally means the same as “hold harmless.” When considering whether “indemnify” is…
Table of Contents Are Employees Liable to Their Employers for Negligence?Can a Minnesota Employer Sue an Employee for Damages Caused by Negligence?Are there any exceptions to suing employees for negligence?Where is the Law Providing that Employees are Not Liable to Employers for Negligence?1. Employers Must Indemnify Employees2. “Indemnify” includes “Hold Harmless” Are Employees Liable to Their…
Table of Contents What is a Simple Estate Plan?Why Not Use Free Legal Forms?What is the Problem with Buying Trust Forms?What Protections May Be Missing in a Trust Template? What is a Simple Estate Plan? A simple estate plan is a bare-bones will or trust form with minimal terms, often leaving out terms that address…
What is a Quasi Contract? Quasi contract is another term for a contract implied in law. A contract implied in law is where “a promise is imputed to perform a legal duty, as to repay money obtained by fraud or duress.” Hercules Inc. v. United States, 516 U.S. 417, 424 (1996). What is a Quasi Contract Actually a Contract? A…
Table of Contents What is Quantum Meruit?How is Quantum Meruit Used in Minnesota?What Amount is Owed for Quantum Meruit?How is Quantum Meruit Different from a Contract?What Claims are Related to Quantum Meruit? What is Quantum Meruit? Translated, quantum meruit means “as much as he merited” or “as much as he/she deserved.” In law, quantum meruit is a…
Table of Contents What is Quantum Valebant?What is Quantum Valebant in Minnesota?Is Quantum Valebant the Same as a Contract Implied in Fact?When Can Quantum Valebant be Used?What Legal Terms are Related to Quantum Valebant? What is Quantum Valebant? Quantum valebant is exactly like quantum meruit, but with one important distinction: quantum meruit applies to the value services,…
Introduction What is the difference between an agreement implied in fact and an agreement implied in law? A contract implied in fact is where there is no express contract, but the conduct of the parties makes it clear they both understood they had a deal. A contract implied in law is where there is no contract per se, but at least one…
Who is the best estate planning attorney in Minnesota? How do you find the best attorney for your will, trust, or other estate planning needs? These aren’t easy questions. Unfortunately, finding the best estate planning attorney in Minnesota is not as easy as you might expect. Many attorneys dabble in doing a will, trust, or probate…
Surveys show most people have never put together an estate plan. For example, Caring.com found 60% of people have no will. They have no trust. They have no plan to protect their family and assets. If you have no plan, what happens? The government has a default plan for you. However, that one-size-fits-all plan may…
It’s no surprise that parents of young families often don’t have any estate plan in place. It’s a busy time of life. Every day is filled with urgent requests for your attention. Still, having a plan doesn’t need to be hard or expensive. There are a few questions young parents can consider before dismissing the…
Members of Minnesota nonprofit organizations have a variety of legal rights established in the Minnesota Statutes. These rights are especially important when the members have a dispute with their organization’s board of directors. The following are a few examples of some of your rights as a member of a nonprofit organization in Minnesota. 1. You…
An uncovered asset is simply property or something else of value that has been revealed to exist. Uncovered means found or discovered. Assets are generally anything of value including money personal property real property (real estate) intellectual property For example, John may hide from his relatives the fact that he owns a boat. Sarah may…
Congress approved the Tax Cuts and Jobs Act on December 22, 2017, which provided for some of the most significant tax reform in recent memory. It affects nearly all taxpayers in every circumstance and could affect how you plan for your future as well. Over the next few posts, we will analyze a few of…
Subscribe to client emails Email Address First Name Last Name
A Medicaid Compliant Annuity is a financial product that helps elder law attorneys protect their clients’ assets from being lost to nursing home costs. Essentially, the Medicaid Compliant Annuity converts funds that are not exempt from Medicaid into a stream of income that is exempt from Medicaid. When done properly, this expedites eligibility for Medicaid…
Nursing home costs can quickly destroy a lifetime of savings. Attorney Jeff Molever pioneered a trail in Minnesota when he developed the “Family Pot Trust.” The Family Pot Trust is one of a number of tools and techniques to protect assets from long-term care costs. Table of Contents New Solutions for New ProblemsIncreasing Long-Term Care CostsWhy…