Minnesota Estate Planning Case: In re Estate of Klie, 2017 WL 541469 (OH Ct. App. 2017) Case Summary: Billing statements are not hearsay under the business records exception In re Estate of Klie, 2017 WL 541469 (OH Ct. App. 2017). The parties were fighting over attorney fees. One of the issues was whether the billing…
Minnesota Estate Planning Case : Estate of Braasch, 140 A.D.3d 1341 (NY Sup. Ct App. 2016) Case Summary: Surcharge denied for making lump sum distribution Estate of Braasch, 140 A.D.3d 1341 (NY Sup. Ct App. 2016). The trustee-executor was surcharged on other matters. But the surcharge for income taxes resulting from a lump sum distribution…
Minnesota Estate Planning Case : Brock v. Premier Trust, Inc., 133 Nev. 8 (NV 2017) Case Summary: Settlor and trust beneficiary can amend an irrevocable trust without consent of all beneficiaries Brock v. Premier Trust, Inc., 133 Nev. 8 (NV 2017). Trust was created to benefit children of both spouses (2nd marriage). After once spouse…
Minnesota Estate Planning Case: In the Matter of the Taylor Trust, 381 P.3d 428 (CO Ct.App. 2016) Case Summary: Beneficiaries could sue for the mother after death for breach of duty In the Matter of the Taylor Trust, 381 P.3d 428 (CO Ct.App. 2016). A second marriage case. Husband and wife created a joint trust…
Minnesota Estate Planning Case : Stehlik v. Rakosnik, 24 Neb.App. 34 (2016). Case Summary: Nephews gifts by POA to himself and relatives with POA was self-dealing and constructive fraud. Stehlik v. Rakosnik, 24 Neb.App. 34 (2016). Shortly after gaining POA the nephew transferred the farm and various cash assets to the POA and the POA’s…
Minnesota Estate Planning Case : In re Guardianship of Spinnie, 2016 Ill.Dec. 319 (IL Ct.App. 2016) Case Summary : Presumption of fraud for gifts to attorney-in-fact can be pushed back. In re Guardianship of Spinnie, 2016 Ill.Dec. 319 (IL Ct.App. 2016). The attorney-infact was named as such in the ward’s poa, but the ward made…
Minnesota Estate Planning Case : In the Matter of the Massie Trust, 2017 WL 218284 (WI Ct.App. 2017) Case Summary : UTC 1004- Trustee-beneficiary acting in bad faith can have fees charged against trustee-beneficiary’s share. In the Matter of the Massie Trust, 2017 WL 218284 (WI Ct.App. 2017). The American Rule on attorney fees applies in…
Summary: State where trust is created is the applicable law for dispositive provisions of a trust. Law of administration is the state where trust is administered. Minnesota Estate Planning Case : Alexander v. UMB Bank, N.A., 497 S.W.3d 323 (MO Ct.App. 2016) Case Summary : Section 107; State where trust is created is the applicable law for…
Minnesota Estate Planning Case : Waterworth v. Ekman, 2016 WL 1175099 Filed March 28, 2016 (Minn.Ct.App. 2016) Case Summary : Real estate option purchase agreement interpreted against the drafter of agreement. Waterworth v. Ekman, 2016 WL 1175099 Filed March 28, 2016 (Minn.Ct.App. 2016). Plaintiff was renting 106 acres from Defendant who was later put under conservatorship. Defendant…
Minnesota Estate Planning Case: Mohrman, Kaardal & Erickson v. Gene Rechtzigel (and as PR for Estate of Frank Rechtzigel and as Trustee et al) Filed August 22, 2016, A15-1886. Case Summary : Civil Contempt Order Resulting in Jail Time Was Proper for Party Who Refused Post-Judgment Discovery Mohrman, Kaardal & Erickson v. Gene Rechtzigel (and as PR…
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…
Minnesota Estate Planning Case: In re the Estate of Clara Mae Murphy, Deceased, A16-0661 (Minn.Ct.App. January 9, 2017) Case Summary: Constructive Trust Did Not Apply To Cohabitating Partners In re the Estate of Clara Mae Murphy, Deceased, A16-0661 (Minn.Ct.App. January 9, 2017). The decedent and appellant began dating in 1992. They bought a home in joint…
Minnesota Estate Planning Case: In re Estate of: Alice I. Engman, Decedent, A16-0805 Filed January 30, 2017 Case Summary: Undue Influence Need Not Be Proved By All Factors Under The Precedent Of In Re Wilson’s Estate. In re Estate of: Alice I. Engman, Decedent, A16-0805 Filed January 30, 2017. Mother had 3 children. One son died and left…
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….
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…
How other health insurance may affect eligibility for Medical Assistance or MinnesotaCare When applying for health care programs, you must tell us if you have other health insurance or can get health insurance through: A current or former employer Military service Medicare, including Medicare supplement plans Private insurance that you buy, including long-term care and…
The U.S. Department of Homeland Security (DHS) extended the REAL ID enforcement deadline from May 3, 2023, to May 7, 2025. Source: https://dps.mn.gov/divisions/dvs/real-id/Pages/default.aspx REAL ID Ready? Minnesotans Have Options Beginning May 7, 2025, Minnesotans, 18 years of age or older, will not be able to use their standard driver’s license or identification card to board domestic flights…
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,…
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…
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….
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…
This bulletin contains an updated sample notice and current Ombudsman directory for use with the 30 day discharge/transfer notice given a resident prior to involuntary discharge or transfer. (This information supercedes Information Bulletin 92-4.) The sample notice has been revised to identify the Minnesota Disability Law Center as the agency responsible for protection and advocacy…
Question: If a Medicare beneficiary requests hospice care, is the SNF obligated to provide this service? Response: No. The beneficiary has freedom of choice, but it is not an unqualified freedom. A hospice must enter into a written agreement (a contract) with any individual or entity for the services that are to be provided under arrangement….
The Minnesota Department of Health, Health Regulation Division, has experienced a significant increase in requests to lock up all or parts of nursing homes. This increase is in response to providers’ desires to create a more secure area for residents who wander. A locked unit is considered a form of restraint. The facility must request a…
Safety Without Restraints: A New Practice Standard for Safe Care One Daughter’s Story My mother is 88 years old and has dementia. After a severe injury, she moved to a nursing home with a good reputation, one where I felt I could trust the staff to keep Mom safe. The staff did an excellent job…
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…
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…
Nursing facility services under Medical Assistance (MA) are a package of room and board and nursing services. Acute care services such as hospitalization are paid for separately under MA; this is also usually the case for therapy and other ancillary services. In order to be eligible for nursing facility care, an MA enrollee must: be screened…
A standard practice for law firms and attorneys in Minnesota is sending a Non-Engagement Letter (i.e. Togstad Letter) to everyone who contacts the firm or lawyer but does not hire the firm or lawyer. While this may sound like an unnecessary burden, it is the best way for a lawyer or law firm to avoid potential…
Employers often ask me which emails, documents, and information need to be kept in an employee’s HR records. This matters because employees have a right to view the information in their personnel records, but they do not have a right to other information the employer keeps about the employee. Below I explain what is required…