Probate & Trust Law Section Conference Manual ... - Minnesota CLE

assets must have been subject to an interest of the Medical Assistance recipient at the
time of her death. Under Barg, the interest must be: (1) recognized by law; (2) which
the Medical Assistance recipient held at the time of death; and (3) that resulted in a
conveyance of an interest of some value to the surviving spouse that occurred as a
result of the recipient’s death. The Medical Assistance recipient had no interest in
the surviving spouse’s federal benefits and the Court disallowed the claim against
surviving spouse’s estate. The benefits the surviving spouse received after his
spouse’s death were not contingent upon her death.
6. Ruddick, Meyer and Mix Aftermath? While these cases are not statewide precedent,
they should be provided as persuasive authority that the spousal liability statute is not
an alternative theory to recover benefits. It is possible that other counties will
continue to assert claims that the district courts in Ramsey, Douglas and Carlton
Counties have disallowed.
B. Medical Assistance recipient died on or after July 1, 2009
1. If both the Medical Assistance recipient and surviving spouse die on or after July 1,
2009, then the 2009 amendments to Minn. Stat. 256B.15 apply. These amendments
define marital property subject to estate recovery more broadly than the statute at
issue in Barg. The 2009 amendments also attempt to restrict the ability of the
surviving spouse to transfer property after the death of the Medical Assistance
recipient. See Minn. Stat. § 256B.15, subd. 2b. There are no known court decisions
addressing the legality of the 2009 amendments.
Uniform Bank Deposit Form, Minn. Stat. §§ 524.6-201 et seq.
On May 1, 2013, Governor Dayton signed H.F. 19 approving a sample form for single or
multiple-party accounts regarding: (1) ownership; (2) rights at death; and (3) agency
designation. (Laws 2013, Ch. 36).Account owners can designate an agent in a writingwithout
the necessity of a Power of Attorney and without conferring ownership rights. An agent is a
person authorized to make account transactions for a party. An attorney-in-fact or a conservator
has the power to terminate the agent’s authority. The agent’s authority terminates at the account
owner’s death.
Issues/Questions:
1. Can the agent make gifts of the account to the agent?
2. Unlike the new Statutory Short Form Power of Attorney (effective for Powers of
Attorney executed on or after January 1, 2014), the designated agent does not need to
sign any acknowledgment accepting the scope and limitations of the agency relationship.
3. Is this a “poor person’s” Power of Attorney?
Uniform Disposition of Community Property Rights at Death Act, Minn. Stat. §§ 519A.01 –
519.11
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