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Minnesota Elder Law Questions & Answers
1 Answer | Asked in Elder Law for Minnesota on
Q: My in laws live with us, what happens to their possessions when they die? They do not have a will

We purchased the home and 40acres of land from my in laws and they still live with us as we will be caring for them as they age. They have some larger possessions like a bulldozer, tractor, sawmill and firewood processor that are on our property. THey don't have a will and I'm wondering... Read more »

Anthony Wilson
Anthony Wilson answered on Mar 22, 2021

Intestate Succession (distributing property for someone without a Will) can be a complex and messy process. If other family members exist, they may have a claim to the property that was not included in the purchase of the land - especially without a will. Additionally, depending on the value of the... Read more »

1 Answer | Asked in Tax Law and Elder Law for Minnesota on
Q: How do I obtain copies of tax returns for my elderly mother

My sister has been handling my mother's finances but does not provide annual report of her income ( pension funds, stocks, bonds, annuities,) nor copies of her tax returns. I am her son and live-in caretaker. If my sister refuses to provide this, how can I obtain a copy of her tax returns? Is... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on May 12, 2020

File a request for transcripts, form 4056-T, under your mother's account and have her sign it.

As far as legality it depends on the the state of your mother's mental capacity and any court orders. if your mother is competent and sister is handling the finances you don't have...
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1 Answer | Asked in Elder Law, Estate Planning and Probate for Minnesota on
Q: Need a lawyer for neglect and Financial Explotation of vulnerable adult. He's his own gaurdian, but needs advocate.
Corwin Kruse
Corwin Kruse answered on Jan 27, 2020

You will need an attorney who specializes in Estates, Trusts, and Probate.

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... Read 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... Read 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... Read more »

Nina Whitehurst
Nina Whitehurst answered on Aug 30, 2019

An irrevocable trust that does NOT reserve to the settlor the ability to change beneficiaries but it still classified as a "grantor" trust, the assets of which are includable in your parents' estate, would solve your problem with respect to ensuring you get the property eventually... Read more »

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1 Answer | Asked in Criminal Law, Family Law and Elder Law for Minnesota on
Q: I've been falsely accused of elder financial abuse against my mother. Do I need a criminal defense/family law attorney?
Lucas Wynne
Lucas Wynne answered on Aug 11, 2017

I need to know more information to provide an answer to this question. When you say that you are being accused, who is accusing you and to whom are the accusations being made?

1 Answer | Asked in Elder Law for Minnesota on
Q: My uncle has POA of my grandmother, Does he have authority to say I can not visit her in her nursing home?
Adam Studnicki
Adam Studnicki answered on Jan 15, 2016

Check with an elder law lawyer in your state.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal...
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1 Answer | Asked in Elder Law for Minnesota on
Q: I have a medical power of attorney for my mother. Does this give me the power to choose what facility she is in?

This is in Minnesota. She is suffering from mild dementia

Charles Snyderman
Charles Snyderman answered on May 26, 2014

It depends on the language in the medical power of attorney. Assuming the document was prepared by an attorney, you should ask that attorney. If it was not prepared by an attorney, you need to consult with an attorney in your area who can read the document that your mother signed.

1 Answer | Asked in Elder Law for Minnesota on
Q: Does the Federal Court have jurisdiction over cases involving the return of Medicare payments to a nursing home?
Mr. Kenneth Lee LaBore Esq.
Mr. Kenneth Lee LaBore Esq. answered on May 21, 2013

Yes, the federal government has jurisdiction of the payment and collection of settlement funds and overpayments. The Centers for Medicare / Medicaid Services, CMS handles this through a department called MSPRC.

Good luck.

1 Answer | Asked in Elder Law for Minnesota on
Q: Is there an online form for Living Wills in the State of Minnesota that would be honored by medical personnel?
Mr. Kenneth Lee LaBore Esq.
Mr. Kenneth Lee LaBore Esq. answered on May 21, 2013

You would be looking for a document called a Healthcare Directive, which is the same as a living will.

Good luck.

1 Answer | Asked in Elder Law for Minnesota on
Q: I am poa for my 88 yr old dad with dementia, my sis took him to bank to be put on his acct without me knowing, can i rev
Mr. Kenneth Lee LaBore Esq.
Mr. Kenneth Lee LaBore Esq. answered on May 21, 2013

This question depends on the current mental capacity of your father. Since you are POA you do have legal authority and could ask for the bank to remove her name. The issue is that your father should have free will to do what he pleases with his money unless he is unable to comprehend his... Read more »

2 Answers | Asked in Elder Law for Minnesota on
Q: Can a nursing home take my Mother's assets like CD's when the children's name are on them also?
Mr. Kenneth Lee LaBore Esq.
Mr. Kenneth Lee LaBore Esq. answered on May 21, 2013

There are limits on the amount of assets that a party can have and still receive public assistance. To answer your question it would be necessary to see the documents involved. I strongly recommend that you meet with a local elder law, estate planning attorney to assist with the Medicaid /... Read more »

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1 Answer | Asked in Elder Law for Minnesota on
Q: Elderly dad let younger woman with teen live w/ him until "she gets back on her feet". No lease. Can he get her out?

House is owned by children, not dad. Woman pays no rent, etc.

Mr. Kenneth Lee LaBore Esq.
Mr. Kenneth Lee LaBore Esq. answered on Jan 8, 2013

I recommend that a family member requests his Power of Attorney, if his not able to consent, then move the court for Guardianship and Conservatorship.

Good luck.

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