Joshua Damberg

Joshua Damberg

  • Elder Law, Estate Planning, Probate
  • Minnesota
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Summary

As an attorney, I gravitated toward Elder Law and Estate Planning because I felt it was one of the few areas that would allow me to interact with people on a daily basis. I am a very outgoing and compassionate person, and the ability to help others brings energy to my practice. I was blessed to clerk for one of the largest and most experienced Twin Cities Elder Law-oriented firms throughout my tenure at the University of St. Thomas School of Law (Maser, Amundson, Boggio & Hendricks) and I joined them as an Associate Attorney following my passage of the Minnesota State Bar in 2017.

While my practice areas at Maser, Amundosn, Boggio & Hendricks are still developing, I primarily work in the areas of Long-Term Care Planning/Life Care Planning and Estate Planning. The firm handles, and my practice will expand to include, matters related to Special & Supplemental Needs Trusts, Probate & Trust Administration, and Guardianship & Conservatorship. MABH also has a dedicated litigation group that takes cases related to the above practice areas, as well as personal injury matters.

Outside of the firm, I am a Delano Tiger hockey coach, a Minnesota Gopher and Minnesota Wild aficionado, a pond hockey enthusiast, a dedicated philanthropist, an amateur paddler, and an avid reader/watcher of movies.

Practice Areas
  • Elder Law
  • Estate Planning
  • Probate
Jurisdictions Admitted to Practice
Minnesota
Languages
  • English: Spoken, Written
Professional Experience
Law Clerk
Maser, Amundson, Boggio & Hendricks, P.A.
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At Maser, Amundson, Boggio & Hendricks, I handled legal research tasks for the elder law practice group. Research project areas included taxation, special needs trusts/planning, elder abuse and various benefits qualification/application issues. Additionally, I wrote and edited blog posts on elder law topics for publication upon Maserlaw.com, as well as helping develop and edit presentation material.
Summer Associate
Pemberton Law Firm
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As a Summer Associate at Pemberton Law, my duties primarily consisted of legal research, document review, and memo drafting. My experience with Pemberton, one of Minnesota's oldest established firms, offered exposure to numerous areas of law including family, real estate, estate planning, and employment/labor law. In my capacity as a Summer Associate, I was able to observe and assist with client interviews, mediations, discovery, and other client communication tasks.
Education
University of St. Thomas, Minnesota School of Law
J.D. (2017) | Law
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Honors: UST Mission Award: Service & Community, Dean's Scholarship
Activities: UST Fightin' Apostles Hockey President & Participant
University of Minnesota - Twin Cities
B.A. (2014) | Political Science, Leadership
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Awards
Mission Award: Service and Community
University of St. Thomas School of Law
The Mission Award for Service and Community recognizes members of the UST School of Law community who have shown exceptional service or leadership through living out UST's Mission of commitment to improving the lives of members within our law school community and/or in our local, parish, cultural or global communities.
Professional Associations
State Bar of Minnesota # 0399198
Member
Current
Minnesota State Bar Association
- Current
Websites & Blogs
Website
Joshua Damberg Biography: Maser, Amundson, Boggio & Hendricks, P.A.
Legal Answers
4 Questions Answered

Q. Does the principle have to be present at a TX bank, if both co-agents of a DPOA want to modify the principles account?
A: Generally, the answer to this is no. The Principal should not need to be present for his or her Attorney(s)-in-Fact to use the Power of Attorney document. In light of the recent epidemic of misuse of POAs and the exploitation of the elderly, many banks have attempted to institute additional policies and layers of red tape. So long as the Power of Attorney was validly executed, the bank SHOULD recognize it. You and/or your cousin may need to push back against bank policy and make the institution identify a legal basis for what they are asking. Here in Minnesota, the Statutory Short Form Power of Attorney can be enforced through MN laws if a bank refuses to recognize it. I am not licensed in Texas and I am not knowledgeable of TX law, but many states have similar statutes that honor POAs executed in other states and even in foreign jurisdictions, such as the Philippines. I am assuming that the "TX Bank" in your initial query is not a typo. This situation seems a little odd/tricky with the various/competing jurisdictions in play (Nevada, Minnesota, Texas, and the Philippines. If the POA requires both co-AIFs to act jointly, the issue may be that both you and your cousin must be physically present at the bank, at the same time, for them to authorize transactions related to your aunt's account. Again, if it is a valid POA, your aunt (the Principal) should not need to be present. The purpose of a POA would largely be defeated if this were the case.
Q. My mother is going in Assisted living. She will pay until her money runs out then go on Elderly waiver.
A: Medical Assistance laws, including Elderly Waiver (EW), are incredibly complicated and can have harsh penalties if there are any financial issues or reporting mistakes. Also important to remember is that each state has its own Medicaid laws (Medical Assistance in MN), so you cannot rely on an attorney in New York to advise upon laws here in Minnesota or vice versa. Depending upon your mother's age, health care needs, and financial circumstances, Elderly Waiver may or may not be the appropriate program for her. More facts are necessary for a thorough analysis and appropriate guidance. I would suggest meeting with an attorney that practices Elder Law in the state where she is going to be moving into the assisted living unit. With the minimal details above, I would reinforce that it is crucial for you to heavily document any and all payments you make on behalf of your mother. An Elder Law attorney may be able to help identify methods to avoid making these types of payments altogether or at a minimum help you formalize the payments and reduce them to writing in a manner that can better protect you from a loss. In terms of the Medicaid provider "coming back on you", the county/agency is very likely to question you taking a portion of the proceeds from the sale of your mother's home.
Q. I am a woman who purchased a house with a man. The deed was written as tenants in common. After we purchased the house
A: The issue with your question is the title/ownership of the property in question. You state that you owned the property as Tenants in Common with your deceased husband. Tenants in Common own a divided interest or separate interests in property. In the above scenario, you would own 50% and your deceased husband's estate would now be responsible for distributing the 50% that he owned during his lifetime. This would likely be controlled by his Will or, if he had no Will, Minnesota's default laws called Intestacy. A Probate may be required to transition the ownership whether or not he had a Will. The other form of property ownership legally recognized in Minnesota is Joint Tenancy. Joint Tenants own an undivided interest in the entirety of the property. Most often, property owned in Joint Tenancy transitions outside of Probate because the last living Joint Owner holds 100% of the property via Rights of Survivorship.
Q. I'm 78, own no property, have no debts, and am relatively healthy. Do I still need to make a will?
A: The answer to this question depends on what you would like to happen with your assets after you pass away. Minnesota does have a default estate plan for individuals who die without a Will. This process is called Intestacy. Basically, Minnesota law will assume that your closest living relatives are the people you would have selected to inherit from you if you would have made a Will. If you want someone other than your closest family to inherit from you, such as a more distant relative, a friend, or a charity/other organization, then you need a Will. A Will also allows you to select a person to manage your affairs after you pass away, called an Executor or a Personal Representative. If you have someone specific that you want to take care of your final wishes, a Will presents the ability for you to nominate/appoint that person. Again, if you do not designate otherwise, then Minnesota law will ask your closest living relatives to fill this role.
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Contact & Map
Maser, Amundson, Boggio & Hendricks, P.A.
6601 Lyndale Ave S, Suite 320
Richfield, MN 55423
USA
Telephone: (952) 925-4147