About Doug Mentes, Esq.
Douglas Mentes is an alum of Drake University with a degree in journalism, who has covered news in Washington, D.C., Minneapolis and Salt Lake City. He has a law degree from William Mitchell College of Law and ran his own law firm for more than 10 years in St. Paul, Minnesota, earning designation as a Super Lawyers Rising Star. He practiced in the areas of family law, real estate and probate, handling several successful appeals. He currently covers bankruptcy law for Thomson Reuters.
Articles written by Doug Mentes, Esq.
Is Chapter 13 Bankruptcy Better Than Chapter 7?
If you’re considering filing bankruptcy, you’ll typically want to file under Chapter 7 since it offers an immediate discharge of all debts (with some exceptions). With a Chapter 13 bankruptcy plan, the debtor will make monthly payments toward their debts over a three to five-year repayment plan before their debts are discharged. For some debtors, there may be no other option than to file under Chapter 13. For others, filing under Chapter 13 might be the better option. To evaluate which …
Losing Your House to Medicaid Estate Recovery
Like almost every state, Washington has an office to help recover the large costs it pays out in Medicaid benefits. Considering that Medicaid recipients receive coverage because of very limited countable assets, there are very few assets for the state to collect from. This is the reason the Medicaid recipient’s home is typically the target for estate recovery. Owning real property or a home does not affect a Medicaid applicant’s ability to qualify. In fact, the home is often the largest …
At What Age Should I Draw From Social Security?
Generally, Americans who have worked for 10 or more years have gained eligibility for taking social security retirement benefits. The monthly benefit amount they receive once retired will be based on their lifetime earnings — higher earnings, equally higher benefits. To calculate their benefit, the Social Security Administration (SSA) looks at the 35 highest earning years of their work record. Those earnings are indexed or adjusted to account for changes in average wages over the years and …
Which Divorced Parent Gets To Claim the Kids in Taxes?
Many unmarried parents have divorce or custody court orders that designate which parent receives the dependent exemption. However, this designation is often made without reference to IRS rules. The IRS says only the “custodial” parent can claim a qualifying child as a dependent exemption on the parent’s tax return. The Supremacy Clause of the U.S. Constitution establishes that federal tax laws generally surpass state law when dealing with the same issue, so what happens when the …
What Property Can I Keep When Applying for Medicaid?
Medicaid is the federal program that helps seniors pay the costs of nursing home care or in-home care. States run their local Medicaid programs to cover health care for low-income people, including many older people and people with disabilities. Eligibility for Medicaid is based, in part, on an individual's income and assets. There are some exempt assets an individual can keep and still qualify for Medicaid. However, eligibility depends on state laws and state Medicaid agencies. To understand …
Should I Get a Health Care Directive?
When considering end-of-life decisions, there’s a common concern that people may be put in a situation where they are unable to make medical decisions for themselves — and that they may prefer different treatment preferences than the providers in charge. To protect against these concerns, people can plan ahead and have a advance care planning framework in place that requires their beliefs and decisions are obeyed when they are unable to express those wishes. That is the reasoning behind …
Will Medicaid Pay for Nursing Home Care?
Whether you are nearing retirement age or you are the loved one or family member of a senior, you have likely begun to understand the enormous costs of long-term care for the elderly. On top of that, the laws and rules in place for determining how to manage those costs are complex. Costs vary by region and location, but annual costs approach $108,000 for nursing home care and $54,000 for an assisted living residence. About one-third of nursing home residents pay out of pocket for those costs. …
Can You Get Compensation for Errors in Your Credit Report?
From securing a new job to major purchases like a home or car, credit reports can significantly impact our lives. It may be comforting to know that consumers have rights under the Fair Credit Reporting Act (FCRA). Consumer reporting agencies (CRAs) that issue these credit reports may be liable if they violate the FCRA and if the violation negatively impacts a consumer. To enforce your rights as a consumer under the FCRA or state law, reach out to an experienced consumer law attorney. Your …
Is Your Vehicle a Lemon or Not Living up to Its Warranty?
New vehicle owners seeking relief for breach of their vehicle warranty or under state lemon laws are often required to first submit their claim to the manufacturer-funded informal dispute resolution process (IDR). Failure to do so may bar relief to the owner from either the vehicle manufacturer or the courts. Under the federal Magnuson-Moss Warranty Act (MMWA), new car manufacturers are required to offer the IDR process to vehicle owners still under their manufacturer’s warranty. That law …
Make Sure Your Employer Follows Consumer Laws in Background Checks
If you’re on the job hunt, you can expect potential employers to conduct an employment background check in the hiring process. The Fair Credit Reporting Act (FCRA) authorizes employers to obtain and use background or consumer reports for employment decisions. Employers can obtain background reports on job applicants as well as current employees. However, employers must meet certain obligations in employment screenings and the background check process, and you may want to know them in case …
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