Estate Planning: Planning for the Physical Care of a Minor Child in Minnesota
By Michael S. Divine 6/28/2016 This article discusses some of the legal documents that can assist in planning for the physical care of a minor child in the event of a parent’s death or incapacity. Minnesota law provides that a parent may appoint a guardian over a...
Disputing Commercial and Residential Property Tax Valuations and Classifications
Most people think about how much income tax they pay in a year more than any other taxes, but taxpayers who ignore their property tax statements could be paying significantly more than they need to each year. Both residential and commercial property owners can...
The Defend Trade Secrets Act – New Business and Employment Protections
Congress recently passed a law that will provide further security to companies seeking to protect their trade secrets. The newly signed Defend Trade Secrets Act adds a civil cause of action to the criminal liability currently existing through the Economic Espionage...
Department of Labor Revisions to White Collar Employee Overtime Exemption in FLSA
Soon, an amendment to the “white collar” exemption under the Fair Labor Standards Act (FLSA) will come into effect, resulting in an increased minimum required salary for many employees. Below, we will review the specifics of the revisions to the FLSA white collar...
How to Remove an Unwanted Guest from your Home in Minnesota
Many are familiar with the “Minnesota nice” stereotype that was long ago coined to describe the demeanor of Minnesotans. With hats, t-shirts, and movies highlighting this slogan, it is fair to say that Minnesotans are proud of this portrayal. Regardless of the truth...
Undisclosed conditions in a Home Purchase and Arbitration Proceedings
Question: Have you either purchased or sold a home in which there is an issue about the condition about property? It is not uncommon for an issue of undisclosed defects in the condition of the property to arise. Minnesota law generally requires a seller of...
How to Vacate a Default Judgment in Minnesota
Quite often, people contact our office to ask what they can do to vacate, or get relief from a default civil judgment entered against them or their business. These calls occasionally involve a defendant who became aware of a default judgment entered against them with...
What Is Probate?
Probate, also called estate administration is the legal process enabling the transfer of property after someone dies. Depending on the circumstances, a probate may involve: 1. Proving the validity of a Will; 2. Court appointment of someone to serve as agent for the...
What if you are hurt in an automobile accident by someone without enough insurance(underinsured) to cover your losses? –There may be other places to turn for additional coverage –
Understanding Your Underinsured Motorist Benefits (UIM) Motor vehicle accidents leave many people in physical and emotional pain, without a vehicle, and under stress in an attempt to navigate their multitude of medical appointments and interpreting their insurance...
Retirement assets in a divorce: How to protect them and what are you entitled to as the receiving spouse?
Retirement assets are often the largest assets in a divorce case. The attorneys at Dudley and Smith, P.A. have dealt with every kind of retirement asset and the division of protection of the same. If you and your spouse both have retirement assets, you may elect to...
If I was divorced in Minnesota and my spouse moved, can I enforce my decree in another state?
Often people think that if they have a decree from one state and they want to enforce it in another, they need to travel to that State. Some common divorce decree modifications include custody, parenting time, spousal maintenance and child support. The state court...
Minnesota Construction Law – Builder’s Defenses to Construction Defect Claims
In our prior construction law posts, we first looked at the type of claims that a homeowner may bring against a builder or remodeling contractor (link to post). In a second post, we focused on pre-lawsuit considerations such as the builder’s right to inspect the...