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E-Newsletter of August 27, 2013 | Vol. 6, No. 35


Editor’s Note: Vicki McIntyre, a long time Elder law attorney, former chair of the section and recipient of the Mary Alice Gooderl award, passed away recently. There will be a memorial held for Vicki on at 1pm on Saturday, September 7, at the following address:

Cremation Society of Minnesota
Edina Chapel
7110 France Avenue South
Edina, MN 55435


What is the difference between SSI and RSDI?
The Social Security Administration (SSA) has two disability programs.  1) Supplemental Security Income (or SSI) pays a flat $710 per month for all recipients, has a $2000 asset limit, does not have a past work record (i.e. taxes paid) requirement, has a transfer penalty, and no Medicare benefits.  2) Retirement, Survivors and Disability Insurance (or RSDI) usually pays more than SSI (based on the taxes the recipient paid into the system), has no asset limit or transfer penalty, and does include Medicare benefits after a waiting period. Both programs pay benefits to applicants who are determined to be disabled, and both programs use the exact same disability determination process.  SSI is also available to seniors who have incomes less than $710 per month even if they are not disabled.  For more information, go to SSA.Gov website), and the website for the National Organization of Social Security Claimants' Representatives (

Submitted by David Rephan


The Minnesota Assistance Council for Veterans is seeking volunteer attorneys for its upcoming legal clinic at the VA Medical Center, held on Tuesday, September 10th from 9am – 2pm. Volunteer attorneys will provide brief legal advice and services for veterans
in a variety of areas including child support and family law, employment law, benefits, expungement, debt collections, and wills and estates. Contact Sara Sommarstrom at (651) 224-0292 or at your earliest convenience if you are interested in volunteering.
Keep track of your pro bono hours throughout the year to report with the MSBA’s North Star Lawyer Program. You may also claim 1 hour of CLE credit for every 6 hours of pro bono legal representation provided in a case that has been referred to you by an approved legal services provider or by a MN Judicial Branch program. Visit the Minnesota Board of CLE for more information.     
Submitted by Adam Rohne, Esq.

Elder Law News


There is no news to report this week.

Elder Law Cases

The following unpublished decisions were released by the Minnesota Court of Appeals on August 19, 2013:
Irene McCarthy, 
Revocable Trust Agreement of Thomas J. McCarthy, et al.,
ROSS, Judge
In this fraudulent-transfer dispute, Irene McCarthy challenges the district court’s dismissal of her claims against the trustees and beneficiaries of a trust created by her deceased ex-husband, Thomas McCarthy, allegedly to avoid his written promises to pay her $500,000. Irene asserts that her fraudulent-transfer claim should survive the trustees and beneficiaries’ motion to dismiss for failure to state a claim because she alleged sufficient facts to demonstrate a fraudulent transfer, because Thomas and his estate are not necessary parties to this action, and because fraudulent-transfer actions should be treated as tort claims excluded from the probate code’s statute of limitations. Because Irene was not a creditor and had no claim to the $500,000 at the time she filed her claim, we affirm.

The opinion is available here.

In re the Estate of Wayne A. Ulrich, Deceased.
Appellant challenges summary judgment dismissing her objection to probate of her uncle’s 2004 will and claim for conversion.  Because the district court did not err in concluding that appellant’s evidence failed to establish any genuine issues of material fact to avoid summary judgment on her claim of undue influence and that appellant lacks standing to pursue a claim of conversion, we affirm.
The decision is available here.
These opinions will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2012).

Submitted by Andrea Palumbo, Esq.

Elder Law Statutes, Regulations, and Bulletins

There are no statutes, regulations or bulletins to report this week.

Upcoming Events and CLE Programs

There are no upcoming events or CLEs to report this week.

Elder Law Section Activities


PRO BONO COMMITTEE MEETING: The mission of the Pro Bono Committee is to work with existing pro bono programs and elder service groups to make section members aware of pro bono opportunities, to connect section members with existing pro bono programs, and to expand pro bono services offered for elders. The next meeting of the Pro Bono Committee will be held on Friday, September 20th from 12:00-1:00pm at the law offices of Chestnut Cambronne, 17 Washington Ave. N., #300, Minneapolis, Minnesota. All section members are encouraged to attend. Anyone interested in serving on the Pro Bono Committee may contact Chair, Adam Rohne at

MA COMMITTEE MEETING: The next MA Committee meeting will be at 3:30 p.m. on Tuesday, October 15, 2013. The Medical Assistance Committee is a study group to analyze Elder Law Section member questions and case studies and to discuss administrative policies and procedures in relation to Medical Assistance in Minnesota, Pook Grathwol of CHESTNUT CAMBRONNE P.A., is Committee Chair.  For directions, or to attend by phone, please contact Bill Lent with CHESTNUT CAMBRONNE, P.A., at 612-336-2948 at least 24 hours in advance of the meeting.
Topics for the meeting may be submitted to under the subject heading “MA Committee Topic”, or faxed to 612-336-2940. Please be reminded that the meeting location is: Estate & Elder Law Services (formerly MAO Legal Services), Monroe Village, 1900 Central Avenue NE, Minneapolis, Minnesota 55418. The meeting takes place in the building’s conference room. There are a few parking spaces behind the building and lots of street parking. People should walk to the back of the building and come to the back door which faces directly into the meeting room.
 The next meeting of the Elder Law Section Governing Council will be on Friday, October 31, 2013 at 7:30 am. Please be reminded that the meeting location is: MSBA Offices, 600 Nicollet Mall, #380, Minneapolis, MN 55402. The meeting will take place in the conference room before the Elder Law Institute begins.

For further information, please contact David Rephan, Chair, at:

Elder Law Website


DON'T FORGET THAT THE ELDER LAW WEBSITE IS A GREAT RESOURCE. Here’s what you can find on the Website:  Links to the DHS Health Care Programs Manual, the DHS Bulletin on treatment of uncompensated transfers, the Minnesota Bankers Association Compliance Bulletin on Powers of Attorney, legislative summary; Practice Links to organizations such as NAELA, ABA Commission on Law and Aging, Links to Federal and State Government Agencies, Statutes, and Regulations; Meeting Notices, Listings of Officers and Council Members, Section Bylaws, and more.

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