Health Care Wishes

A health care directive is not a document you must have, but it certainly is one you should have. A health care provider will listen to what people close to you say about how to proceed with medical treatment, but without a health care directive stating your wishes...

Do your documents do their job?

The Court of Appeals affirmed a district court’s case in September of this year granting summary judgment permitting real property to be used for purposes other than a golf course. The Duluth Automobile Club obtained land in 1931 that contained a golf course and...

Children’s Preferences for Custody Arrangements

The Minnesota Court of Appeals reversed and remanded part of a district court’s case involving modifying child custody on September 3, 2019 in the case of Adam C. Steele, Appellant vs Sarah M. Held, Respondent. The Appellant had filed a responsive motion with the...

Distribution of Assets

When stating how to distribute a deceased person’s assets, one method is “per stirpes” or “right of representation”. Per stirpes means that a deceased person’s assets are evenly distributed to their children, and if their children...

Division of Assets – Marital Home

Generally when a couple is getting a divorce, the most valuable asset is the home. The court will take into account the length of the marriage, any prior marriages, age, health, occupation, etc. when determining how to split up marital assets, including the home. One...

Alternative Dispute Resolution Methods

In a divorce or child custody/support proceeding, there are three commonly used alternative dispute resolution methods used prior to proceeding with court: mediation, arbitration, and early neutral evaluation. Mediation is the most common method that provides an...

Landlord-Tenant Law

March 6th, 2019 the Minnesota Supreme Court issued a landlord-tenant decision related to habitability of residential rental real estate.  Minnesota’s residential landlord-tenant statute requires that landlords keep a residential rental property in a habitable...

Real Estate Acquisitions

The process of buying a home is not only filled with many documents in order to conduct the sale, but there are also many different people involved in the transaction including real estate agents, lenders, title companies, etc. When taking the often times long and...

A New Year With a New Resolution

With the new year comes new plans and resolutions to change or better your life. Perhaps your resolution is to be better prepared in life. Thinking in the big scheme of things, being prepared for end-of-life is very important, and one big check mark you could check...

Alimony

Spousal maintenance, also known as alimony, is granted by the court for either spouse if it finds that the spouse seeking maintenance (1) lacks sufficient property, or (2) is unable to provide adequate self-support. When determining if spousal support is to be...