Is this dog abandoned?

On April 13, 2020, a decision was filed by the Minnesota Court of Appeals that reversed a Hennepin County District Court’s decision regarding awarding an “abandoned” dog to the Respondent who had been caring for the dog for the original owner. The...

Who Needs a Will?

Have you thought about getting a will drafted? Have you wondered if it would be worthwhile for you to have a will prepared by an attorney? If you haven’t asked yourself these questions yet, it’s something you should be asking now, as it is never too soon to execute a...

What debt will I have after divorce?

When looking at divorce, many people are concerned with how assets will be divided post-divorce, but another item of concern is how the parties’ debts will be divided post-divorce. Any amount of money you and your spouse owe could be subject to division when...

Would a Trust Fit into your Estate Plan?

A trust is not just for the rich, a trust can be a valuable estate planning tool for many different people. A person may want to set up a trust if they have minor children or grandchildren that they want to leave money to and want to ensure the money is there for the...

Attempt to Withdraw from Property Settlement Agreement

In an unpublished opinion filed December 2, 2019 (Jacob Kanake M’mujuri v. Beatrice Kamathi Kanake, A19-0148), the Minnesota Court of Appeals affirmed the district court’s decision to deny the Appellant’s motion to withdraw from a property settlement...

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...