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.
Losing Your House to Medicaid Estate Recovery
Medicaid recipients qualify for coverage based on their very limited countable assets. However, the Medicaid applicant's home is often an exempt asset. People on Medicaid may require long-term care or assisted living, which can cost hundreds of thousands of dollars in Medicaid benefits. Once a recipient passes away, the state will determine if it can recover some of those costs of care from the deceased recipient’s estate. States use two methods to attempt to recover a recipient’s home for …
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?
Property you can keep when applying for Medicaid generally includes your primary residence (up to the equity limits), one vehicle, personal effects, household items, medical equipment, and home furnishings. State exemptions include asset protection for after-death benefits, including burial funds, prepaid funerals, and term life insurance. Countable assets include retirement accounts, subject to spend-down rules, but not for a community spouse. An irrevocable trust with a life estate provides …
Minnesota Health Care Directive: Benefits To Know
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 your loved ones are getting older, you have likely considered nursing home care. This includes understanding the enormous costs of long-term care for older people. Medical costs for long-term care can burn through your retirement savings and other assets. On top of that, the laws and rules for determining how to manage those care costs are complex. Medicaid planning can help you prepare for when you may need nursing home care. For more information about …
Can You Get Compensation for Errors in Your Credit Report?
A viable case for compensation for credit report errors exists when a credit bureau fails to correct the inaccurate reporting after the dispute process. You can file a federal lawsuit against the credit bureau for FCRA violations and investigation failures, including statutory damages, actual damages for your financial loss, and attorney fees. Credit errors can lead to higher interest or credit denial. Credit bureaus have 30 days to investigate the dispute after your record correction …
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 …
Finding a Minnesota Family Law Attorney You Can Trust
There are thousands of licensed attorneys in Minnesota who practice across different areas of law. Even when you narrow the field down to family law, it’s difficult to wade through the large pool of options. You want to hire the best-experienced attorney, but determining which lawyers are among the best is not easy. What should a consumer look for in family lawyers? Find a Family Law Attorney You Can Trust The Minnesota Rules of Professional Conduct govern lawyer conduct. The state bar …
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