Agreement Implied in Fact vs. Implied in Law – What is the Difference?
Business

Agreement Implied in Fact vs. Implied in Law – What is the Difference?

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…

What Are Uncovered Assets?
Business

What Are Uncovered Assets?

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…

Tax Fraud Awareness: How to Protect Your Identity and Assets
Business

Tax Fraud Awareness: How to Protect Your Identity and Assets

The IRS, taxpayers, and tax preparers share a common enemy: identity thieves. We all have a part to play in the fight against tax-related identity theft. Your role starts by learning the mechanics and warning signs. From there, taxpayers can take proactive steps to protect their data online and at home. Understand How Tax Fraud…

You Have a Right to Sell Your Franchise Business in Minnesota
Business

You Have a Right to Sell Your Franchise Business in Minnesota

Business owners who bought into a franchise often wonder, “Can I sell my business?” In short, yes, you can. The Minnesota Franchise Act specifically entitles you to sell your business. This cannot be overruled by your franchise agreement. You may have to pay a reasonable transfer fee. Can a Minnesota Franchise Be Sold? Yes. The sale…

Employees Owe a Duty of Loyalty to Employers
Business

Employees Owe a Duty of Loyalty to Employers

Employees in Minnesota owe their employers a duty of loyalty. This is undisputed in Minnesota law. Duty of Loyalty for Partners vs. Employees A surprising number of people (including attorneys) find it hard to believe that employees owe a “duty of loyalty” to their employers. The thinking is, employees can do whatever they want on…

Minnesota Family Planning Program (MFPP) Health Care Delivery
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Minnesota Family Planning Program (MFPP) Health Care Delivery

This article is a section taken from Minnesota Family Planning Program (MFFP), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. MFPP Health Care Delivery All Minnesota Family Planning Program (MFPP) services are provided through a fee-for-service delivery system. Medicare The Minnesota Family Planning Program (MFPP) will not…

Minnesota Family Planning Program (MFPP) Barriers
Business

Minnesota Family Planning Program (MFPP) Barriers

This article is a section taken from Minnesota Family Planning Program (MFFP), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. MFPP Barriers A barrier is an eligibility requirement that prevents a person’s eligibility for the Minnesota Family Planning Program (MFPP), even when the person meets all other…

Appendix D Community Living Arrangements
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Appendix D Community Living Arrangements

Community Living Arrangements The following are some examples of community living arrangements: Battered women’s shelter Campground Car Child foster care – Rules 1, 4 and 8 Community-based behavioral health hospital (CBHH) Detox-only facilities Group residential housing (GRH) (non-IMD) Halfway house, chemical dependency Halfway house, correctional Homeless Homeless shelter Hotel or motel Maternity shelter Medical hospital…

Minnesota Supreme Court Confirms Expansion of Minnesota Whistleblower Act
Business

Minnesota Supreme Court Confirms Expansion of Minnesota Whistleblower Act

In 1987, the Minnesota Legislature enacted the Minnesota Whistleblower Act (MWA) which prohibited employers from retaliating against employees who making a good faith report of any federal or state law or rule adopted pursuant to law. Minnesota courts historically have interpreted the term “good faith” narrowly, requiring that an employee’s good faith report be for…

Impacts of the DOL Fiduciary Rule:  How to Lawfully Advise Clients on What to Do with Their 401(k) Plan
Business

Impacts of the DOL Fiduciary Rule: How to Lawfully Advise Clients on What to Do with Their 401(k) Plan

The DOL Fiduciary Rule, which became (mostly) effective on June 9, 2017, marks a clear shift for broker-dealers.  Brokers are now considered fiduciaries under the Employee Retirement Income Security Act of 1974 (“ERISA”) when providing non-discretionary investment advice to clients seeking assistance with retirement accounts or plans.  Less clear, however, is the Rule’s impact on…

Motion For New Trial Were Denied Where Issues Were Tried By Consent And Sufficient Notice
Business

Motion For New Trial Were Denied Where Issues Were Tried By Consent And Sufficient Notice

Minnesota Estate Planning Case: In re the Guardianship and Conservatorship of Lorraine Helen Schmidt, filed August 29, 2016 A15-1796 Case Summary: Motion For New Trial Were Denied Where Issues Were Tried By Consent And Sufficient Notice In re the Guardianship and Conservatorship of Lorraine Helen Schmidt, filed August 29, 2016 A15-1796. Daughter had significant control over mother who…

POA Improperly Changed Beneficiaries on IRA 2 Days Before Death
Business

POA Improperly Changed Beneficiaries on IRA 2 Days Before Death

Minnesota Estate Planning Case: In re the Non-Probate Estate of Robert W. Fashant, Decedent, filed August 29, 2016, A16-0367 Case Summary : POA Improperly Changed Beneficiaries on IRA 2 Days Before Death In re the Non-Probate Estate of Robert W. Fashant, Decedent, filed August 29, 2016, A16- 0367. Two days before the decedent died the successor…

Supplemental Account After Final Account Is Subject To Objections When Final Account Is No Longer Subject To Objections; POA Actions Not Listed In Final Account May Be Subject To Objections
Business

Supplemental Account After Final Account Is Subject To Objections When Final Account Is No Longer Subject To Objections; POA Actions Not Listed In Final Account May Be Subject To Objections

Minnesota Estate Planning Case: In the Matter of Trust Agreement of Don D. Henyan Created Under Agreement Dated May 1, 2006 Case Summary:  Supplemental Account After Final Account Is Subject To Objections When Final Account Is No Longer Subject To Objections; POA Actions Not Listed In Final Account May Be Subject To Objections In the Matter of:…

Failure To Object To Inventory May Result In Waiver Of Objection To Missing Asset In Account; Attendance At Hearing And Failure To File Written Objections Justify Allowance Of Account Without Notice To Party
Business

Failure To Object To Inventory May Result In Waiver Of Objection To Missing Asset In Account; Attendance At Hearing And Failure To File Written Objections Justify Allowance Of Account Without Notice To Party

Minnesota Estate Planning Case: In re Guardianship and Conservatorship of Adeline V. Dorosh, A16-0113 (Minn.Ct.App. January 9,  2017) Case Summary: Failure To Object To Inventory May Result In Waiver Of Objection To Missing Asset In Account; Attendance At Hearing And Failure To File Written Objections Justify Allowance Of Account Without Notice To Party In re Guardianship and Conservatorship…

Oral Contract Related to Land Was Not Void
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Oral Contract Related to Land Was Not Void

Minnesota Estate Planning Case: Christie v. Estate of Dilman Christie, Filed April 24, 2017, A16-1244 Case Summary: Oral Contract Related to Land Was Not Void Christie v. Estate of Dilman Christie, Filed April 24, 2017, A16-1244. This is the second appeal on this matter. The son claimed that he and his parents entered into an oral contract…

District Court Could Not Limit Remedy To The Share Of Objector’s Interest In A Trust; Attorney Fees Need Support For Allowance; Appeal Proper When Notice Of Hearing Was Faulty
Business

District Court Could Not Limit Remedy To The Share Of Objector’s Interest In A Trust; Attorney Fees Need Support For Allowance; Appeal Proper When Notice Of Hearing Was Faulty

Minnesota Estate Planning Case:  In the Matter of the Trusteeship on Indenture Trust dated April 1, 2010, A16-113; filed April 3, 2017 Case Summary:  District Court Could Not Limit Remedy To The Share Of Objector’s Interest In A Trust; Attorney Fees Need Support For Allowance; Appeal Proper When Notice Of Hearing Was Faulty In the Matter…

Joinder Of Cases Does Not Create New 10 Day Window To Object To Referee, Probate Court Can Hear POA Matters, And Sanctions Were Appropriate.
Business

Joinder Of Cases Does Not Create New 10 Day Window To Object To Referee, Probate Court Can Hear POA Matters, And Sanctions Were Appropriate.

Minnesota Estate Planning Case: In re The Power of Attorney Granted by Virginia G. Taraldson et al and the Virginia Taraldson Revocable Trust dated February 28, 2009, A16-0822 December 27, 2016 Case Summary: Joinder Of Cases Does Not Create New 10 Day Window To Object To Referee, Probate Court Can Hear POA Matters, And Sanctions Were Appropriate. In re:…

Guardianship Denied When Respondent Turned 18 Before Order was Issued
Business

Guardianship Denied When Respondent Turned 18 Before Order was Issued

Minnesota Estate Planning Case: In re: Guardianship of Layr Komara, minor; filed April 10, 2017; A16-1022.  Case Summary: Guardianship Denied When Respondent Turned 18 Before Order was Issued In re: Guardianship of Layr Komara, minor; filed April 10, 2017; A16-1022. The petitioner filed a petition for guardianship of a minor when the minor was still under 18 years old….

A Guardianship Court May Make SIJ Immigration Findings
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A Guardianship Court May Make SIJ Immigration Findings

State of Minnesota in Court of Appeals- A15-1412 Minnesota Estate Planning Case: In re: Guardianship of Jose Maria Chimborazo Guaman, 879 N.W.2d 668 (Minn.Ct.App. 2016); Filed May 16, 2016 A15-1412. Reserved and remanded Hooten, Judge. Hennepin County District Court: File No. 27-GC-PR-15-120 Stephanie A. Morales, The Bortel Firm, LLC, Minneapolis, Minnesota (for appellant guardian) Vincent…

Unreasonable Agreement for Fees and Conflict
Business

Unreasonable Agreement for Fees and Conflict

Minnesota Estate Planning Case: In re Petition for Disciplinary Action Against Scott Alan Becker, 881 N.W.2d 815 (Minn. 2016). A15-1877 filed July 20, 2016 Case Summary: Unreasonable Agreement for Fees and Conflict In re Petition for Disciplinary Action Against Scott Alan Becker, 881 N.W.2d 815 (Minn. 2016). A15-1877 filed July 20, 2016. Attorney represented aunt and uncle…

Minnesota Nursing Facility Reimbursement and Regulation Law
Business

Minnesota Nursing Facility Reimbursement and Regulation Law

Nursing Facility Reimbursement and Regulation This information brief explains how nursing facilities in Minnesota are reimbursed. It includes information on nursing facility regulation, MA reimbursement for nursing facility services under the value-based reimbursement system, the types of payments nursing facilities receive, rate equalization, case mix classifications, the impact of geographic location on nursing facility rates,…

Minnesota Medical Assistance (MA) Estate Recovery and Liens
Business

Minnesota Medical Assistance (MA) Estate Recovery and Liens

Federal and state law requires the Minnesota Department of Human Services (DHS) and county agencies to recover costs that the MA program pays for its members under certain circumstances. DHS and counties collect these costs in two ways: (1) estate recovery and (2) liens. The 2016 Minnesota Legislature changed MA estate recovery and liens law….

What is MinnesotaCare?
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What is MinnesotaCare?

MinnesotaCare: An Overview MinnesotaCare is administered by the Minnesota Department of Human Services (DHS) under federal guidance as a Basic Health Program that provides subsidized health care coverage to low-income individuals. DHS, in cooperation with MNsure, the state’s health insurance exchange, is responsible for processing applications and determining eligibility. Eligibility Most MinnesotaCare enrollees are parents…

MinnesotaCare: A Summary of Minnesota Healthcare Plans
Business

MinnesotaCare: A Summary of Minnesota Healthcare Plans

MinnesotaCare MinnesotaCare is administered by the Minnesota Department of Human Services under federal guidance as a Basic Health Program that provides subsidized health coverage to eligible Minnesotans. This information brief describes eligibility requirements, covered services, and other aspects of the program. Note: Individuals who have questions about MinnesotaCare eligibility or are interested in applying for MinnesotaCare…

Long-Term Care Services for Seniors/Elderly in Minnesota
Business

Long-Term Care Services for Seniors/Elderly in Minnesota

Long-Term Care Services for the Elderly Elderly people in Minnesota can receive services from Medical Assistance and  other state programs. This information brief summarizes Medical Assistance eligibility for persons who are elderly (age 65 and over) and describes home care, elderly waiver, nursing facility, and other Medical Assistance services commonly used by persons who are…

What is Medical Assistance (Medicaid) in Minnesota? 
Business

What is Medical Assistance (Medicaid) in Minnesota? 

Medical Assistance (MA) Sometimes laws require agencies to recover costs the MA program pays for members. Program info Medical Assistance (MA) is Minnesota’s Medicaid program for people with low income. Most people who have MA get health care through health plans. You can choose a health plan from those serving MA members in your county….