Bachelani Law Office

This week we have a featured article by Lucille Rosetti from thebereaved.org 

Compassionate Ways to Help Recently Widowed Seniors Cope with Finances
 
The death of a loved one is never easy. But for seniors who lose a spouse, they often face more than just grieving. When one partner passes away, the partner who is left behind is also left with the burden of sorting through serious financial decisions. If your older loved one has recently experienced the loss of a spouse, here are some steps to help them sort through their finances.
 
Collect Copies of All Financial Paperwork 
 
If you are going to help your loved one work through financial decisions, you will need all the important paperwork to do so. Get access to all of their bank statements, bills, and any other paperwork concerning financial accounts. Make copies of any essential forms, and be sure to get multiple copies of the death certificate too. You will need these in order to close accounts, file insurance claims, and work with the finances of the deceased spouse. Organize all the paperwork now in preparation for the next essential step: consulting with an attorney.
 
Seek Legal Advice
 
Navigating finances after the death of a spouse can be very confusing for seniors. Finances are tricky enough without the added element of grief. That’s why it is best to consult an attorney when sorting through any finances left behind. If your loved one is simply not up to the task, whether due to grief, age or disability, it is possible for you to take on certain legal advocacy roles for them. By working with a lawyer, you can be legally authorized to act in someone’s best interests when they do not have the capacity to do so on their own. Here are some of the forms you may need to fill out to take on legal roles, but do so under the advice of an experienced attorney to avoid the legal hassles and excess fees that can be created by mistakes.
 
Be Patient as They Grieve 
 
Helping a loved one with finances can be stressful. However, it’s important to remember that your loved one is still grieving the loss of a spouse. The effects of grief can leave seniors feeling confused and unable to focus. If you can make legal decisions for your loved one, it may make things easier, but if not, you will need to be patient as you work through the process with them. Try setting aside dedicated time to talk about finances. Ask questions that are easy for your loved one to understand. Above all, be calm, kind and understanding.
 
Don’t Rush Important Decisions    
 
Grief can also make people want to make some pretty drastic changes. If your loved one wants to rush big financial decisions, consider talking them into taking more time. Important decisions, such as selling a home and making large purchases, should be thought out carefully. The only times these quick decisions make sense are when they will make life dramatically easier for your loved one. Many grieving widows find it almost therapeutic to downsize their home or move to a different location when they lose a partner. Whatever the decision, talk it through with your loved one and make sure it makes sense for their future.
 
Talk to Them About Their Own Will     
 
Talking about death is never easy, but talking about last wishes can make grieving much easier for those who are left behind. As you sort through your senior loved one’s finances, think about having a talk with them about their own will. Have them work with an attorney to fully sort out their finances, memorial wishes, and estate plans, and put everything in writing. Having a detailed will alleviates burden and allows your loved one to focus on sorting through their grief.
 
Being a widow comes with so much burden for seniors, but financial stress doesn’t have to be one of them. Having someone to help make important financial decisions and devise a sound financial future is priceless for a grieving senior, so be there and be strong for your loved one.

If you are going through a family law issue and also have a criminal issue, it is important to have your legal professionals communicate to get the best result in both of your cases. This is especially important because if there is a conviction it could affect your family law case, depending on the nature of the charge and the level of the sentence. To give a quick example, Minnesota Statutes 518.179 puts the burden of showing that parenting time is in the child's best interests on the person seeking parenting time for certain convictions or certain circumstances. This changes the standard to be used and makes it harder to get parenting time.

The reason that your criminal attorney should speak with your family law attorney is that a plea bargain to a lesser charge might be more beneficial than risking a trial for a higher charge. There are many factors to consider when considering a plea deal but parenting time should be one of those factors. Your criminal defense attorney would be able to further assist you on other factors to consider. 

There has been quite a bit of talk this campaign season about a rigged system and voter fraud. One aspect of the charge is that there are people going to polling places that they shouldn’t, perhaps voting more than once, or that people who are voting are not eligible to vote. In Minnesota a registered voter can challenge another voter’s eligibility. The law is clear though that the charge must be made upon personal knowledge, in writing, and not simply on suspicion. Someone challenging other voters cannot disrupt the voting process, take pictures, or be within six feet of the ballot counting machine. Most importantly they cannot speak directly to the challenged voter.


When you go to your polling place there are some important rules to follow. Only voters, their minor children, poll workers, and assistants are allowed inside. You also cannot gather or linger inside the polling place or within 100 feet of the building. You cannot campaign inside the polling place or within 100 feet of the building. Campaigning is also defined as wearing political clothing, buttons, stickers, or literature. You will be asked to remove the item, cover it up, or leave. Minnesota Statute 211B.11 covers soliciting in or near polling places. Violating this law can result in a petty misdemeanor charge and a fine up to $300.


Also, please help me in thanking Christian Hanson for his help at Bachelani Law Office these past few months.

The Minnesota Supreme Court recently ruled in an interesting new case. Dukowitz was a security officer who received a substantial cut in hours and then applied for unemployment. After applying for unemployment, she was terminated and sued for wrongful discharge. The Minnesota Supreme Court has held that termination because of unemployment filing is not considered retaliation or wrongful discharge. By issuing the ruling they essentially said that there are a few circumstances that would allow for wrongful discharge in Minnesota. This is great for businesses but this does mean that businesses are likely to press the issue and may only stop if held accountable.

    In a recent Supreme Court decision that did not get much attention from the press, the Supreme Court has challenged the right to remain silent under both the Fifth Amendment and the Miranda rights.
    In Texas v. Salinas, the Supreme Court (along political lines) decided that the right to remain silent had to be expressly invoked. Since Salinas did not expressly say that he wished to remain silent his behavior when silent was introduced to the jury and upheld. This has massive implications because questioning by police can often be nerve-wracking and even the most innocent person would tend to act in a nervous manner.
    This means that prosecutors throughout the United States may now comment on how a defendant did not proclaim their innocence and to further lead defendants into traps of making statements that may be against their interests or misconstrued.
    Please let me know what you think about this issue and what is the best way to resolve a conflict in a justice system that is increasingly adversarial and pro-state.

The United State's Supreme Court recently turned away an appeal by a Minnesota woman who was ordered to pay record companies $222,000 in damages for illegally downloading songs and other copyrighted material. This has drastic implications for how we calculate damages in the US and what it takes to get a case filed in Court. Other defendants settled for $3,500 and that would lead legal scholars to believe that record companies are going after a number people to try and get settlements for claims that up until now have been hard to prove. As many will say, this is a slippery slope, so where will it stop?

Have you recently received a drug conviction in Ramsey County? Thanks to inaccurate and undocumented procedures in at least one of the crime labs that Ramsey County uses many of the convictions are being overturned. If you need help with your drug conviction or if you have a current possession case, please feel free to contact me and together we can fight for you.

Have you heard about the Stolen Valor Act? It makes it a crime for anyone lying about Military Honors to be charged with a crime. Amid recent healthcare debates this Supreme Court decision was forgotten. In a ruling the Court held that falsely claiming these honors is free speech. While completely and utterly despicable, we have to remember that just because we find the speech in question reproachful, having the right the make this speech is what makes us American.