Perspectives

Estate planning is the process of organizing your legal and financial affairs so that your wishes are honored in the event of your death or incapacity. Many people delay it, thinking they don’t have “enough” assets, that it can wait. But the truth is, if you have anything of value or people who depend on you, you need an estate plan.

Your estate includes everything you own; real estate, bank accounts, retirement plans, personal property, life insurance policies, and even your interest in a business. Without a will or other planning tools in place, state law-not you-determines how these assets are distributed. This process, known as intestate succession, often leaves families with unnecessary stress, delays, and disputes.

An estate plan allow you to:

• Name a guardian for minor children
• Designate someone to make healthcare and financial decisions if you are unable to do so
• Direct how your assets should be distribured
• Avoid or minimize probate and potential estate taxes
• Protect loved ones with special needs or complex family dynamics

Common planning tools include:

• Powers of Attorney
• Healthcare Directives
• Beneficiary Designations
• Wills
• Living Trusts

WFJ and LegalShield makes the process easier by offering a Will Questionnaire (find ours here) and direct access to the attorneys at Wagner, Falconer & Judd. You don’t have to navigate this alone.

Estate planning is not just about death-it’s about protecting your future. Start today to ensure your voice is heard when it matters most.

Minnesota’s Paid Family and Medical Leave (PFML) program is rolling out in 2026, but employers should start preparing now. One of the first steps in ensuring compliance is understanding who is eligible for leave under the new law. Here’s a breakdown of the questions we are getting at the Compliance Center related to employee eligibility that every MN employer needs to know.

Who is eligible to receive MN Paid Leave?

Nearly every employee working in Minnesota-including full-time, part-time, temporary, and most season workers, is eligible for PFML benefits. This includes company owners and corporate officers, who are required to participate in the program.

However, there are a few exceptions PFML does not apply to:

• Independent contractors
• Self-employed individuals (unless they opt in)
• Tribal Nations (unless they opt in)
• Federal government employees
• Railroad employees
• Certain seasonal hospitality workers (see below)

Is there a minimum hours or length-of-employment requirement?

No. Unlike some leave laws, MN Paid Leave does not require employees to work a specific number of hours or months before becoming eligible. Instead, employees must meet both of the following conditions:

• Earn at least 5.3% of the statewide average annual wage, which amounts to $3,700 in 2024, and

One of the following:

• Worked at least 50% of their time in Minnesota during a calendar year, or
• If no state accounts for at least 50% of their work time:
• Performed some work in Minnesota
• Lived in Minnesota for at least 50% of their time during a calendar year

When does job protection under PFML begin?

Job protection begins after 90 calendar days of employment. Once eligible, employees who take leave are entitled to return to their previous role-or an equivalent position-with the same pay, benefits, and working conditions.

Even if an employee’s position is filled or restructured during their leave, they must still be reinstated unless the employer can prove that the employee would not have remained employed regardless of the leave (such as during a legitimate layoff or business closure).

Are corporate officers or business owners eligible?

Yes. Even though they many not consider themselves “employees” in the traditional sense, company owners and officers must participate and are eligible for PFML benefits if they meet the earnings and residency/work location criteria.

Are first responders and government officials eligible?

Generally, yes. Municipalities and local government entities are required to participate in the PFML program. This means first responders, as well as elected or appointed city and state officials, are likely eligible-provided they meet the wage and work/residency requirements.

What about seasonal employees?

Most seasonal employees are covered, but there’s a specific exception for certian workers in the hospitality industry. These employees are excluded if they:

• Work 150 days or less within any 52-week period, and
• Work for an employer whose average receipts during any 6-month period fall below a certain threshold (typically defined for hospitality sector employers.)

Employers with seasonal workers in the hospitality industry should work with legal counsel to determines whether their business qualifies for this exclusion.

Bottom Line for Employers

Minnesota’s Paid Family and Medical Leave program is broad in scope and applies to most employees in the state. Employers should assess their workforce now, understand which team members are covered, and begin planning for compliance in 2026.

Have questions about your responsibilities under PFML? The employment attorneys at Wagner, Falconer & Judd are here to help you prepare your business for a smooth transition.

Many people think of a Healthcare Directive as something only older adults or people with serious illnesses need. In reality, it’s an important document for everyone over the age of 18-including healthy, active individuals. Life can change in an instant, and having your health care wishes documented ensures that your voice is heard, even if you can’t speak for yourself.

A Health Care Directive (sometimes called an “advance directive” or “living will”) gives you the power to:

• Name a trusted person to make health care decisions on your behalf if you’re unable to do so.
• Provide instructions about the types of medical care you want or do not want.
• Reduce family stress and conflict during medical crises by providing clear guidance.

Why It Matters-Even for the Healthy

Emergencies don’t discriminate. A car accident, sudden illness, or unexpected surgery could leave you unable to communicate. Without a directive:

• Doctors must rely on state law to determine who makes decisions-which may not align with your preferences.
• Family members may feel pressured to make life-altering choices without knowing your wishes.
• Disagreements among loved ones can cause emotional strain at an already difficult time.

Having a directive in place is a gift to your family-it removes uncertainty and gives them the confidence that they’re honoring your decisions.

Information You’ll Need to Get Started

Creating a Health Care Directive is simpler than many people think. Before you begin, gather:

Your Health Care Agent’s Information

• Name, contact information, and relationship to you.
• Consider choosing an alternate agent in case your first choice is unavailable.

Your Care Preferences

• Do you want all life-sustaining treatments if there’s little chance of recovery?
• Are there specific treatments or interventions you want to refuse (e.g., feeding tubes, ventilators)?
• Your wishes regarding pain management, organ donation, and end-of-life care.

Your Personal Values

• Religious, cultural, or personal beliefs that should guide your care.
• Quality-of-life considerations-what makes life meaningful to you?

Medical Information

Current medical conditions, allergies, and medications.

Key Terms to Know

Health Care Agent (Proxy, Surrogate)– The person you name to make health care decisions for you if you cannot communicate.

Living Will-The part of a directive that outlines your medical treatment preferences.

Do Not Resuscitate (DNR) Order-A medical order indicating you do not want CPR if your heart stops.

Life-Sustaining Treatment-Medical procedures that prolong life but may not cure your condition (e.g., ventilators, dialysis).

Palliative Care-Comfort-focused care aimed at relieving symptoms, not curing illness.

Advance Directive-An umbrella term that can include a Health Care Directive, Living Will, and other instructions about about future medical care.

Case Study: Planning Ahead Plays Off

Maria’s Story

Maria, a healthy 32-year-old, was an avid runner with no medical issues. During a vacation, she was in a car accident that left her unconscious for several days. Because she had completed a Health Care Directive the year before, her designated health care agent-her sister-could immediately make decisions based on Maria’s clearly written wishes.

• Her directive stated she did not want prolonged life support without a reasonable chance of recovery.
• Her sister was able to communicate this to the doctors, avoiding family disagreements and ensuring Maria’s wishes were honored.

Maria recovered, but her family later reflected that the directive removed an immense burden during an incredibly stressful time.

Final Thoughts

A Health Care Directive is not just for those who are ill-it’s for anyone who wants control over their medical care and peace of mind for their loved ones. Taking the time now to create one can make all the difference later.

If you’re ready to get started, consider working with an attorney to ensure your directive meets your state’s legal requirements and fully reflects your wishes.

A new Minnesota law introduces significant changes to the state’s worker’s compensation system. Signed into law in May 2024, the bill enacts recommendations from the Worker’s Compensation Advisory Council and is set to impact employers and contractors across industries, especially construction companies and projects involving multiple subcontractors.

Key Updates You Should Know

Protected Claim Amount Increases from $1,000 to $3,000

One of the most notable changes is the increase in the protected claim amount-the portion of a claim shielded from subrogation or third-party recovery-to $3,000 (up from $1,000). This adjustment recognizes inflation and rising medical costs, ensuring injured workers retain a greater portion of their benefits.

Chanages Specific to the Construction Industry

The law also implements targeted updates affecting construction projects:

• Clarifies Liability in Multi-Contractor Projects: When multiple contractors or subcontractors are on-site, liability for worker injuries must be clearly understood. The new law aims to streamline how responsibility is determined in these shared jobsite scenarios.
• General Contractors Take Note: If you work with multiple subcontractors, this law reinforces the importance of maintaining up-to-date worker’s compensation certificates from all parties. It also reitereates the need for strong indeminity language and contractual risk transfer protections.
• Special Employer Rule Adjustments: The statute refines how “special employers” (like staffing agencies or general contractors using temp labor) are treated under worker’s compensation, potentially shifting liability in some claims.

Other Key Provisions

• Clarifies Timelines for Filing and Appeals: The law updates certain administrative timelines to improve efficiency and reduce disputes.
• Improves Transparency in Dispute Resolution: Employers and insurers may see improved predictability in how the Department of Labor and Industry (DLI) and the Office of Administrative Hearings (OAH) process claims.

What This Means for Construction Businesses

If you’re a construction company owner, general contractor, or a business managing multiple subs, now is the time to:

• Review your contracts to ensure proper worker’s compensation coverage and indeminifaction clauses are in place.
• Confirm that you are tracking active coverage for all subcontractors.
• Work with legal counsel to review whether your agreements adequately address risk transfer, especially in light of the protected claim amount increase.

Even if you’re not in construction, any Minnesota employer may see greater benefit amounts retained by workers and adjusted handling of disputed claims.

Need Help Reviewing Your Contracts or Coverage Strategy?

At WFJ, our team can help ensure you’re protected and compliant under Minnesota’s evolving worker’s compensation laws. Reach out to us to discuss how this law could impact your job sites and subcontractor relationships.

Landlords across the Upper Midwest share similar frustrations: late payments, damaged units, drawn-out evictions, and tenants who push lease limits. But how you can respond-and protect your investment-depends heavily on state-specific landlord/tenant laws. In this post, we explore the five most common tenant-related challenges landlords face, plus legal insight for property owners in Minnesota, Wisconsin, North Dakota, South Dakota, and Montana.

Nonpayment or Chronic Late Payment of Rent

Tenants falling behind on rent is the most common and financially damaging issue for landords. Delayed payments can disrupt cash flow, affect mortgage payments, and cause tension in the landlord-tenant relationship.

Tip from WFJ: 

• Use clear lease language: outlining rent due dates, late fees (within legal limits), and consequences for nonpayment.
• Document all communications and payment histories.
• Follow your state’s required notice process before initiating eviction. For example:
  • MN: No statutory notice required for nonpayment before filing, but proper notice may still be best practice.
  • WI: 5-day or 14-day notice depending on lease history.
  • ND, SD, MT: 3-day notices required before court filing.
• Work with legal counsel to ensure proper service of notices and to prepare for court procedings.

Improper Handling of Security Deposits

Security deposit disputes are a leading cause of small claims cases against landlords. Issues often arise from improper deductions, delayed returns, or lack of documentation.

Tip from WFJ:

• Know your state’s timeline for returning deposits:
  • MN: 21 days
  • WI: 21 days
  • ND: 30 days
  • SD: 2 weeks (up to 45 days with written explanation)
  • MT: 10 days (no deductions) or 30 days (with deductions)
• Provide an itemized list of damages and costs.
• Take photos before and after move-in/out to document the unit’s condition.
• Keep records of all repair expenses or cleaning costs deducted from the deposit.

Eviction Process Complexities and Delays

Evictions can be time-consuming, expensive, and emotionally taxing. Missteps in the process (wrong notice form, improper service, or missed deadlines) can result in cases being dismissed.

Tip from WFJ:

• Use state-specific notice forms and timelines-they vary widely.
• Document every lease violation, communication, and attempted resolution
• Avoid “self-help” evictions (changing locks, removing belongings) which are illegal in all five states.
• Engage legal counsel early in the eviction process to ensure proper procedure and avoid costly delays.

Property Damage Beyond Normal Wear and Tear

While minor wear is expected, landlords often face significant damage caused by neglect, misuse, or intentional destruction.

Tip from WFJ:

• Conduct thorough move-in and move-out inspections with signed checklists.
• Include clear lease provisions outlining tenant responsibility for damage.
• In cases of excessive damage, deduct repair costs from the deposit with documentation-or pursue a civil judgment if damage exceeds the deposit.
• Some states allow landlords to include provisions requiring tenants to carry renter’s insurance.

Inconsistent Lease Enforcement or Poor Lease Drafting

Weak, outdated, or vague lease agreements often lead to disputes that favor the tenant. Landlords who don’t consistently enforce terms also risk discrimination or retaliation claims.

Tip from WFJ:

• Use state-specific lease templates that include legally compliant language.
• Ensure the lease covers key issues: rent due date, late fees, entry rights, maintenance, pet rules, occupancy limits, etc.
• Apply rules consistently to avoid claims of selective enforcement.
• Have your lease reviewed by an attorney familiar with the landlord-tenant laws in your state.

Key State-Specific Laws that Impact Landlords

Minnesota

• Eviction filings: Must follow strict notice procedures; unlawful detainer process required.
• Security deposits: Must be returned within 3 weeks of move-out.
• Notice to Terminate Tenancy:
  • Periodic Lease: 1 full rental period’s notice (usually a month).
• Emergency repairs: Tenants may file rent escrow if landlords fail to maintain habitability.
• Retaliation protection: Landlords cannot retaliate against tenants who report violations or request repairs.
• Late fees: Must be disclosed in wiring and cannot exceed 8% of the overdue amount.

Failure to strictly follow the law can lead to dismissal of eviction actions or fines.

Wisconsin

• Eviction process: Must issue a 5-day or 14-day notice dpeending on lease terms and violation.
• Security deposits: Return within 21 days of tenancy termination.
• Entry requirements: At leas 12 hours’ notice before entering a unit.
• Disclosure laws: Must disclose building code violations or flooding risk.
• Abandoned property: No requirements to store a tenant’s abandoned property unless stated in the lease.

Procedural missteps during eviction or deposit returns are a common legal pitfall.

North Dakota

• Security deposits: Return within 30 days; can charge up to 1 month’s rent, or 2 months if tenant has a felony.
• Termination notice: 30 days for month-to-month; no notice required for nonrenewal of a fixed-term lease.
• Eviction: Summary process but must be filed in district court.
• Entry: Reasonable notice required; except for emergencies.

Eviction hearings may be quick, but failing to provide proper documentation or notice can delay possession.

South Dakota

• Security deposits: Must be returned within 2 weeks, or 45 days with itemized statement of damages.
• Termination for Month-to-Month: Requires 30 days’ written notice.
• Eviction: Requires 3-day notice to quit for nonpaymen, then a court filing.
• Entry notice: Must provide reasonable notice; typically 24 hours.

Short notice periods for eviction require landlords to act quickly and accurately.

Montana

• Security deposits: Return within 10 days if no deductions, or 30 days with an itemized list of damages.
• Notice to terminate: Month-to-month-30 days.
• Eviction process: Begins with a 3-day notice, followed by court action.
• Right of entry: Must give 24-hour notice

Montana’s detailed rules on habitability and repair can lead to disputes if landlords don’t keep up with maintenance.

Landlords can minimize risk and avoid costly disputes by proactively reviewing leases, maintaining documentation, and working with legal counsel who understands the specific laws of their state. Investing in legal guidance upfront saves time, money, and stress in the long run. 

Estate planning is one of those tasks that most people know they should do-but often put off. Whether it’s discomfort around discussing mortality, uncertainty about where to start, or the belief that “I don’t have enough to worry about,” many individuals delay putting proper legal documents in place. Unfortunately, that delay can come at a high cost-for you and your loved ones.

In this post, we break down 10 of the most common objections people raise when thinking about estate planning, and offer practical, legal guidance to help you move past them. From creating a simple will to establishing a power of attorney and healthcare directive, the goal is the same: protect your voice, your assets, and the people you care about.

Let’s walk through the top concerns and why now is always the right time to get your documents in order.

“I don’t have enough assets to need an estate plan.”

Legal perspective: Estate planning isn’t just for the wealthy-it’s for everyone. A Last Will and Testament ensures that what you do have goes to the right people, and Healthcare Directives and Powers of Attorney protect you and your loved ones if you’re ever unable to make decisions yourself. Estate planning is ultimately about control and protection, not wealth.

“I don’t know where to start-it feels overwhelming.”

Legal perspective: Estate planning can feel complex, but with the right legal support, it becomes manageable. Start with the foundational documents:

• Healthcare Directive
• Power of Attorney
• Last Will and Testament

An experienced attorney can guide you step by step, making the process easier and ensuring your documents reflect your wishes.

“It’s uncomfortable to think about death or incapacity.”

Legal perspective: Avoiding the conversation doesn’t prevent life from happening-it just increases the burden on your loved ones if something goes wrong. Estate planning gives you peace of mind and is one of the most compassionate things you can do for your family, saving them from uncertainty and costly legal hurdles.

“I’m young and healthy-I can do this later.”

Legal perspective: Accidents and unexpected medical events can happen at any age. Having a Healthcare Directive and Power of Attorney ensures that someone you trust can speak for you if you can’t. Putting a plan in place now means you stay in control, no matter what life brings.

“It’s too expensive to hire a lawyer.”

Legal perspective: Estate planning is often much more affordable than people think, especially compared to the potential cost of probate court or family disputes without proper documents. Investing in these documents now can save your family thousands of dollars-and emotional stress-later.

“I’m not sure who to name as my decision-makers.”

Legal perspective: You don’t need to have the perfect answer right away. Attorneys can help you think through your options and even set up contingencies if your first choice isn’t available. The most important step is to get your initial plan in place-you can always update it as life changes.

“My family knows what I want-I don’t need formal documents.”

Legal perspective: Verbal instructions or assumptions aren’t legally binding. Without written documents, your family may face court delays, disputes, and unwanted outcomes. A Last Will, Healthcare Directive, and Power of Attorney make your wishes clear and enforceable.

“I’ve done my will, so I’m all set.”

Legal perspective: A will is just one piece. You also need a Power of Attorney for financial decisions and a Healthcare Directive for medical choices if you become incapacitated. These documents work together to provide full protection-estate planning isn’t complete without them.

“I don’t want to burden anyone with responsibilities.”

Legal Perspective: Choosing trusted people to act on your behalf is not a burden-it’s a gift of clarity. Without clear direction, your loved ones may face far greater burdens, including court-appointed strangers making decisions for you.

“I can just use online templates to save time and money.”

Legal perspective: DIY estate planning may seem simple, but small errors can make your documents invaid or unenforceable. Laws vary by state, and what seems like a quick solution can lead to expensive legal battles or unintended outcomes. Working with an attorney ensures your documents are legally sound and tailored to your situation.

The pace of employment law updates across the U.S. is accelerating-and for employers, the risk of falling out of compliance has never been higher. As of mid-2025, sweeping federal changes and hundreds of new or amended state laws are reshaping workplace obligations. From salary thresholds to paid leave expansions and non-compete bans, there’s a lot to track.

Here’s a look at several major updates employers should act on now:

The “One Big Beautiful Bill”: Tax Breaks for Hourly Workers

Starting retroactively in 2025, qualifying tipped and hourly workers can deduct certain earnings:

• Tip deductions: Up to $25,000 annually in “qualified tips” (voluntary, non-negotiable, and paid by the customer).
• Overtime deductions: Up to $12,500 in federally mandated overtime wages beyond a standard 40-hour week.

Why it matters: Employers could see tax refunds for 2025. Employers should communicate these changes and prepare for increased payroll-related questions.

The DOL’s New Salary Thresholds for Exempt Employees

If you classify employees as exempt from overtime, pay attention:

• July 1, 2025: Minimum salary= $844/week or $43,888/year.
• January 1, 2026: Minimum salary jumps to $1,128/week or $58,656/year

Why it matters: Misclassification can lead to lawsuits. Now is the time to audit exempt employees and adjust compensation or reclassify roles if needed.

AI and Discrimination Laws

States like California and New Jersey have passed laws banning discriminatory use of AI tools in hiring and HR decisions.

• AI systems that analyze facial expressions or speech may violate anti-bias laws.
• Employers are liable even if they didn’t create the AI tool.

Action tip: If you use automated hiring or decision-making systems, review them immediately for bias.

Paid Leave Expansion Across the U.S.

States like Minnesota, Colorado, Maine, and Delaware are rolling out generous paid leave programs:

• Minnesota’s Paid Family and Medical Leave starts January 1, 2026, offering up to 20 weeks of combined leave.
• Colorado will provide an extra 12 weeks for NICU-related parental leave.
• Delaware’s leave benefits begin in 2026 with up to 80% wage replacement.

What to do: Budget for these changes and update your policies and payroll systems to stay compliant.

Non-Compete Agreements Under Attack

More states are banning or restricting non-competes, especially for healthcare workers:

Arkansas, Indiana, Maryland, Pennsylvania, Montana, Texas and others are banning non-competes for physicians and licensed medical professionals.

Colorado now prohibits certain non-competes for healthcare providers and even restricts what they can communicate to patients post-employment.

Recommendation: Review all non-compete templates and consult legal counsel before issuing new ones.

Stay tuned for Part 2

In Part 2, we’ll look deeper at state-specific sick leave mandates, wage transparency laws, new worker protections (like for whistleblowers and nursing parents), and how employers can stay ahead of these fast-paced developments.