Questions Answered by Joshua Damberg

Q: My mother is going in Assisted living. She will pay until her money runs out then go on Elderly waiver.

1 Answer | Asked in Estate Planning for Minnesota on
Answered on Feb 6, 2019
Joshua Damberg's answer
Medical Assistance laws, including Elderly Waiver (EW), are incredibly complicated and can have harsh penalties if there are any financial issues or reporting mistakes. Also important to remember is that each state has its own Medicaid laws (Medical Assistance in MN), so you cannot rely on an attorney in New York to advise upon laws here in Minnesota or vice versa. Depending upon your mother's age, health care needs, and financial circumstances, Elderly Waiver may or may not be the appropriate...

Q: Does the principle have to be present at a TX bank, if both co-agents of a DPOA want to modify the principles account?

1 Answer | Asked in Contracts, Estate Planning and Family Law for Minnesota on
Answered on Feb 6, 2019
Joshua Damberg's answer
Generally, the answer to this is no. The Principal should not need to be present for his or her Attorney(s)-in-Fact to use the Power of Attorney document. In light of the recent epidemic of misuse of POAs and the exploitation of the elderly, many banks have attempted to institute additional policies and layers of red tape. So long as the Power of Attorney was validly executed, the bank SHOULD recognize it. You and/or your cousin may need to push back against bank policy and make the institution...

Q: I am a woman who purchased a house with a man. The deed was written as tenants in common. After we purchased the house

1 Answer | Asked in Probate for Minnesota on
Answered on Dec 11, 2018
Joshua Damberg's answer
The issue with your question is the title/ownership of the property in question.

You state that you owned the property as Tenants in Common with your deceased husband. Tenants in Common own a divided interest or separate interests in property. In the above scenario, you would own 50% and your deceased husband's estate would now be responsible for distributing the 50% that he owned during his lifetime. This would likely be controlled by his Will or, if he had no Will, Minnesota's...

Q: I'm 78, own no property, have no debts, and am relatively healthy. Do I still need to make a will?

1 Answer | Asked in Estate Planning for Minnesota on
Answered on Dec 11, 2018
Joshua Damberg's answer
The answer to this question depends on what you would like to happen with your assets after you pass away. Minnesota does have a default estate plan for individuals who die without a Will. This process is called Intestacy. Basically, Minnesota law will assume that your closest living relatives are the people you would have selected to inherit from you if you would have made a Will. If you want someone other than your closest family to inherit from you, such as a more distant relative, a friend,...

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