by IAJ Law, LLC on February 6, 2012
Each state has a different requirement for creating a valid Will. In Minnesota, a valid Will must be a written document signed by the person intending to create a Will. Also, the person creating the Will in Minnesota must be a person who is at least 18 years of age. In addition, the person creating the Will must be of “sound mind.” Unfortunately, the issue of whether or not a person in Minnesota has a “sound mind” to sign a valid Will is often an issue for person who are incapacitated or an older adult.
Further, a valid Will in Minnesota requires two witnesses. In other words, two witnesses must also sign the Will in order for it to be valid in Minnesota. This indicates that the person intending to enter into a Will actually signed the document. Because these elements can be complicated, please consider contacting an attorney to assure that the requirements to make a valid Will in Minnesota are strictly followed.
by IAJ Law, LLC on February 6, 2012
Often, applicants seeking unemployment benefits in Minnesota will collect Social Security benefits too. However, this issue is extremely complicated and should be reviewed by an unemployment lawyer. For more information, please visit the following web site: Minnesota-unemployment.info.
Collecting Social Security benefits and unemployment benefits in Minnesota is complicated because Minnesota is able to attach a 40% penalty onto an unemployment overpayment when an applicant mistakenly collects both Social Security benefits and unemployment benefits at the same time.
The rule in Minnesota is that a person who is 62 years of age or older and applies for unemployment benefits must tell the unemployment office if they applied or intend to apply for Social Security benefits for old age for any week during the benefit year. Telling the unemployment office that you intend to collect Social Security benefits is a requirement while filing a continued request for unemployment benefits. If the person seeking unemployment benefits is receiving Social Security benefits, files for Social Security benefits, or intends to file for Social Security benefits, an amount equal to 50% of the Social Security benefit prorated on a weekly basis shall be subtracted from any amount owed as an unemployment benefit.
There is only one exception to this general rule and that is a person who is trying to collect unemployment benefits in Minnesota and Social Security benefits at the same time is the person who was collecting Social Security benefits while still employed. This exception is viewed by Minnesota Courts very narrowly because the unemployment office in Minnesota wants to ensure that the person seeking unemployment benefits and Social Security benefits shows a desire and an ability to work.
Therefore, if you are trying to decide whether or not you can collect unemployment benefits and Social Security benefits at the same time, please have your case reviewed by an unemployment lawyer to prevent the attachment of a 40% penalty or fine in Minnesota.
