How to Avoid Probate – Minnesota Estate Planning
By Michael Divine, Esq. In Minnesota, a probate is generally only required if an estate's probate assets exceed $50,000. Accordingly, estate planning that aims to avoid probate must utilize strategies reducing the probate estate - often by transforming probate assets...
Property Tax Appeals
What can you do if you disagree how the county has valued or classified your property? First, you may contact your assessor to attempt to resolve your issue. If you are unable to resolve the issue then you may appeal to the Local...
The Best Way to Leave Items of Tangible Personal Property – Estate Planning MN
By Michael S. Divine The state of Minnesota provides an easy and efficient way to leave specific gifts of tangible personal property when using a will as your primary estate planning vehicle. Minnesota Statute § 524.2-513 allows the author of a will (“testator”) to...
Dudley and Smith Prepares LLC’s According to Minnesota’s New LLC Act Approved August 1, 2015
Minnesota Construction Law – Builder’s Right to Inspect, Offer to Repair, and Pre-Suit Mediation
In a prior post titled What Type of Claims May be Brought Under Minnesota’s Construction Defect Warranty Statute, we discussed the types of statutory construction defect warranties that protect homeowners from shoddy building or remodeling and the notice requirements...
Minnesota Construction Law – What Types of Claims May be Brought Under the Minnesota Construction Defect Warranty Statute?
New home construction and the remodeling of a home are often some of the largest decisions homeowners make. More often than not, buying a new home is the biggest purchase a person will make in their life. Picking out a builder or contractor is an exciting process, and...
What Constitutes an Employee and Independent Contractor
WHAT CONSTITUTES AN EMPLOYEE AND INDEPENDENT CONTRACTOR IN ACCORDANCE WITH THE JULY 15, 2015, DEPARTMENT OF LABOR CRITERIA Dudley and Smith, P.A. has been practicing in Minnesota since 1952 and has experienced Attorneys that will assist both companies and...
County May Sue for Unpaid Debts Even if Defendant Does Not Live in that County
On August 1, 2015, a new law went into effect that expanded the territorial jurisdiction of a county’s reach to sue its debtors. The new law will permit Minnesota counties to sue its debtors in their conciliation court, often referred to as small claims, even though...
Where Must a Probate Take Place?
A loved one has died, and you know that a probate is needed, but where must that probate take place? When a resident of Minnesota dies the proper venue for the probate proceeding is the county where the person was domiciled at the time of their death.[i] Under the...
Changes to the Minnesota Criminal Statutes from Chapter 65 of the 2015 Minnesota Session Laws
The following are upcoming changes to the Minnesota criminal statutes from chapter 65 of the 2015 Minnesota Session Laws. Art. 3 § 1-2 Effective August 1st 2015, participants in Minnesota’s statewide address confidentiality program will have...
New Minnesota Criminal Record Expungement Law for 2015 – “Second Chance Law”
On January 1, 2015, a new law known as the “Second Chance Law” came into effect in Minnesota. This law will affect Minnesotans that have an existing criminal record. With this new change in law, more people will be eligible to petition the court to have their criminal...
2015 Family Law Legislation – New Laws Effective July 1 and August 1, 2015
2015 saw some critical changes to the family law statutes in Minnesota. Some of these changes affect custody, parenting time and support should be carefully reviewed if your case involves minor children or if you have an order for spousal maintenance. CUSTODY...