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Questions Answered by Joshua Damberg
1 Answer | Asked in Estate Planning and Probate for Minnesota on
Q: What is the legal procedures of obtaining a death certificate in the state of Minnesota

ok what the deal is when my dad passed away I had to sign for a release of a death certificate of my dad with the funeral home for my stepbrother who is not a biological son of his. But yet they gave my dad's girlfriend 10 death certificates without me signing for the release of any death... View More

Joshua Damberg
Joshua Damberg
answered on Dec 23, 2019

Obtaining a death certificate in Minnesota is a pretty simple process. The Office of Vital Records is responsible for maintaining death records. Each county has its own office location.

To receive death certificates you must complete an application requesting the certificates, provide valid...
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1 Answer | Asked in Estate Planning and Probate for Minnesota on
Q: If an estate is in a trust but worth over 2.1 million in WA is it required to go to probate? We are being told it is and

Are confused

Joshua Damberg
Joshua Damberg
answered on Nov 19, 2019

I'm unsure why this is posted in the Minnesota jurisdiction, but the answer should generally be "no". A Trust is a vehicle designed specifically to avoid probate, no matter where it is created or where the person who created it (called the Settlor or Trustor) passes away.

The...
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1 Answer | Asked in Elder Law for Minnesota on
Q: I just received a priority claim notice from county for my father claiming my mothers assets in her recent passing away.

My father was on Medicaid for several years. My mother had followed the Elder Attorney's advice on regarding one car, one house and minimum cash. Fast forward, my father had passed away almost 3 years ago and my mom just passed away less than one month ago. Mom had spent her last 3 years in... View More

Joshua Damberg
Joshua Damberg
answered on Nov 14, 2019

The answer to this should be pretty straightforward, despite the complexity of the applicable rules. The process you are referencing is called "Estate Recovery". The County brings forward a claim they have had for your father's receipt of Medical Assistance (Medicaid) benefits... View More

2 Answers | Asked in Estate Planning and Elder Law for Minnesota on
Q: Is there any way to protect a family property from a potential Medicaid claim in MN? what are options for transferring?

This is a lake property. In past years we ran it as a resort. For 20 years I worked (unpaid) at the resort. I feel I have a vested interest in the property. My parents want to transfer the property to me and move to senior living. We met with an attorney. She gave us two options. My parents could... View More

Joshua Damberg
Joshua Damberg
answered on Sep 3, 2019

I would agree with much of what Attorney Whitehurst set forth in the response above regarding the 60-month lookback period and private pay ramifications, with one caveat (referenced by Attorney Whitehurst in the closing sentence). Minnesota has specific rules that are applicable to Irrevocable... View More

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1 Answer | Asked in Estate Planning and Probate for Minnesota on
Q: Adopted sister and possible lack of a will

She was adopted as a baby and is now 42. If she doesn't have a will, or that her wishes are spelled out, will her biological mother/siblings be entitled to what she owned after she passes away, or would it go to her adopted family?

Joshua Damberg
Joshua Damberg
answered on Aug 20, 2019

If someone passes away without a Will, they are deemed to have died Intestate. Minnesota then sets forth a "default estate plan" for the person. This default plan basically sets forth that the persons closest living family members have priority to act as the Personal Representative (or... View More

1 Answer | Asked in Estate Planning and Probate for Minnesota on
Q: My sister aka executer of my dad's will is not giving me my portion dad has a pension in one account for $35k and $35k

In his personal bank account. She said that in a few years when she is in a lower tax bracket then she would give it out. Nothing went to probate and has done not followed thru with her fiduciary duties. He passed in 2017. Can creditors come this late collect any monies?? This has been difficult... View More

Joshua Damberg
Joshua Damberg
answered on Aug 15, 2019

This question should be reviewed in detail by a probate attorney. The largest issue here is probate assets versus non-probate assets. While your sister may be the Executor of the Will, this only extends to probate assets (or assets in your father's name alone with no beneficiary designations... View More

1 Answer | Asked in Estate Planning for Minnesota on
Q: I am presented with receipt and release to release the executor. I don't trust her. Do I have to sign?

I don't have a formal complaint. But what if I find out months after I sign that she stole from the estate?.

Joshua Damberg
Joshua Damberg
answered on Aug 15, 2019

Prior to signing a receipt and release of the Executor (or Personal Representative), a beneficiary of the estate has the opportunity to review a detailed accounting of the estate. An accounting should set forth the probate assets and the payments made by the estate. These payments can include... View More

1 Answer | Asked in Estate Planning for Minnesota on
Q: My mother is going in Assisted living. She will pay until her money runs out then go on Elderly waiver.

She needs me to help pay until her house sells. Will they come back on me if she repays me from the house sale?

Please respond to

Joshua Damberg
Joshua Damberg
answered on Feb 6, 2019

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... View More

1 Answer | Asked in Contracts, Estate Planning and Family Law for Minnesota on
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?

My cousin and I are both the agents (acting jointly) for our Aunt, who's 79 yrs old, on a durable power of a attorney.

The Principle has diminished mental capacity, is a US citizen currently living in the Philippines. One agent is in Nevada, the other agent is in Minnesota. Only one... View More

Joshua Damberg
Joshua Damberg
answered on Feb 6, 2019

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... View More

1 Answer | Asked in Probate for Minnesota on
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

we married. Then he died. Now I'm being told I have to go to probate to remove his name from the deed. Don't I inherit his share since we were married?

Joshua Damberg
Joshua Damberg
answered on Dec 11, 2018

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...
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1 Answer | Asked in Estate Planning for Minnesota on
Q: I'm 78, own no property, have no debts, and am relatively healthy. Do I still need to make a will?
Joshua Damberg
Joshua Damberg
answered on Dec 11, 2018

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... View More

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