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Questions Answered by Joshua Damberg

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 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... Read 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 agent... Read more »

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... Read 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 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...
Read more »

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 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... Read more »

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