Category Archives for 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 […]
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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 […]
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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 […]
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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: […]
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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 […]
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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 […]
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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 […]
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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: […]
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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. […]
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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 […]
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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 […]
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Federal REAL ID Law in Minnesota
TO : Interested Parties FROM: Matt Burress, Legislative Analyst (651-296-5045) RE : REAL ID Act implementation in Minnesota – January 2017 update This memo provides information on federal REAL ID Act legislation and activity in Minnesota. It is revised from previous versions (most recently produced January 6, 2016) and is […]
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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, […]
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Minnesota Medical Assistance Spenddown FAQ
In Medicaid, a “spenddown” is the amount you must pay towards your medical bills before Medicaid will pay for them. This FAQ answers common questions people have about how a Medicaid spenddown works. What is a Spenddown? A spenddown is like an insurance deductible. If your income is more than the allowed income limit, you […]
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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. […]
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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 […]
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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 […]
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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 […]
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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. […]
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Recover Attorney’s Fees if You Win Minnesota Insurance Coverage Disputes
If an insurance company improperly denies coverage under its policy, you can sue the insurance company. Minnesota law gives you the right to attorney’s fees if you win. You have insurance to cover you in case of accidents. Imagine you had an accident that involved $20,000, and you had to spend $50,000 in legal fees […]
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Medical Assistance in Minnesota
Medical Assistance Medical Assistance (MA) is a jointly funded, federal-state program that pays for health care services provided to low-income individuals. It is also called Medicaid. This information brief describes eligibility, covered services, and other aspects of the program, including changes made to comply or conform with the federal Affordable Care Act. Contents Administration Eligibility Requirements Benefits […]
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Beyond Regulation Crowdfunding and MNvest: “Crowdfunding” Options for Minnesota Businesses
In recent years, crowdfunding has grown in popularity as an option for business owners and entrepreneurs to raise money. Generally speaking, equity crowdfunding describes the process where a business owner utilizes an online intermediary or “portal” to ask for money from investors in exchange for the promise of a financial return on that investment. This […]
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Who Needs to Register as an Investment Adviser Representative in Minnesota?
Minnesota law requires both investment advisers (IAs) and investment adviser representatives (IARs) to register with the Minnesota Department of Commerce, unless a registration exemption applies. Some confusion persists in the industry as to who must register as an IAR. This article provides a quick update on Minnesota’s requirements pertaining to IARs and addresses some frequently asked […]
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Becoming an Investment Advisor
So you dream of getting paid to advise other people on how to invest their money—how do you make that dream a reality? First, it is important to understand, broadly speaking, the legal landscape in which those who do get paid for their investment advice operate. Second, it is important to understand the barriers to […]
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Minnesota Domain Names for Sale
The following domain names are for sale. To make an offer, email Aaron Hall. Please don’t send low-ball offers; we know the value of these domains. minnesotaattorney.com minnesotalawyer.com minneapolisphotographer.com minneapolisattorneys.com minneapolismarijuana.com minnesotabusinesslawyer.com minnesotadwilawyers.com estateplanningminnesota.com minnesotadrunkdriving.com minnesotabusinessattorney.com minneapolisdwilawyer.com mndivorcelawyer.com minnesotamediation.com mnbusinessattorney.com minnesotabankruptcyattorney.com mnbusinesslawyer.com minnesotabankruptcylawyer.com minnesotadefenseattorney.com minnesotasmallbusiness.com mndwiattorney.com
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Long-Term Care Services for the Elderly in Minnesota
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 elderly. The information brief also describes the following state programs for the elderly—Long-Term Care Consultation Services, Alternative Care, essential community […]
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Medical Assistance Heath Care Services for the Elderly in Minnesota
This section provides information on Medical Assistance (MA) covered services and the managed care system under which most elderly MA enrollees receive services. This section also describes home care, personal care assistant services, Elderly Waiver, and nursing facility services in more detail. Medical Assistance Covered Services MA enrollees who are elderly receive coverage for the […]
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What Consumers Can Learn from Darren McFadden v. Ameriprise Lawsuit
This week various media outlets have reported that Dallas Cowboys running back, Darren McFadden, sued Minnesota-based Ameriprise Financial. McFadden alleges that Ameriprise failed to prevent one of its former representatives from enriching himself by fraudulently obtaining power of attorney to access McFadden’s accounts. Several articles reporting on McFadden’s lawsuit describe Ameriprise and an individual defendant using terms […]
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Executive Order: “Buy American and Hire American” Focuses on H-1B Foreign Worker Visas
The presidential executive order, “Buy American and Hire American,” will have an impact on Minnesota businesses. The “Hire American” part of the order focuses on the H-1B visa, which is an integral part of the Minnesota workplace. The H-1B classification, created by statute in 1990, allows U.S. businesses to hire highly skilled foreign-born workers for […]
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Employer Can Have Info about Whether Misclassified Workers Paid Tax
The U.S. Tax Court recently ruled that federal law doesn’t prohibit an employer looking to reduce its tax liability on misclassified workers from receiving information on whether the workers paid tax on the income. Background Businesses often prefer to treat workers as independent contractors to lower their costs and administrative burdens. But the IRS may […]
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