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4 Answers | Asked in Divorce, Business Law and Family Law for California on
Q: Can the wife keep the primary home in a California divorce with specified assets division?

In a divorce with no children and no prenuptial agreements, is it possible for the wife to keep the primary home valued at $850,000 with a mortgage balance of $292,000, if the husband keeps a rental property valued at $260,000 with a mortgage balance of $35,000, another property valued at $275,000... View More

Robert Kane
Robert Kane
answered on Apr 14, 2025

Yes, is it possible for the wife to keep the primary home valued at $850,000 with a mortgage balance of $292,000, if the husband keeps a rental property valued at $260,000 with a mortgage balance of $35,000, another property valued at $275,000 with a mortgage balance of $75,000, and a 401K worth... View More

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3 Answers | Asked in Legal Malpractice for California on
Q: Can a lawyer sue for filing an ethics complaint in California?

I am considering filing an ethics complaint against a lawyer with the California State Bar Association. I have no prior agreements or contracts with this lawyer and I haven't filed the complaint yet. Can this lawyer sue me for filing the complaint?

Robert Kane
Robert Kane
answered on Apr 13, 2025

This may or may not be applicable.

6043.5. (a) Every person who reports to the State Bar or causes a complaint to be filed with the State Bar that an attorney has engaged in professional misconduct, knowing the report or complaint to be false and malicious, is guilty of a misdemeanor.

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3 Answers | Asked in Divorce, Child Custody, Child Support and Family Law for Minnesota on
Q: Seeking divorce advice with custody and property issues in MN.

I want to divorce my partner, but I don't have any money saved up. We have two children; one is an adult, and I'm seeking custody of the younger child. We have property and other assets, which are in my partner's name only. I'm currently living in our marital home and would like... View More

Robert Kane
Robert Kane
answered on Apr 12, 2025

Here is an excellent place to become familiar with the process and some resources. https://www.mncourts.gov/Help-Topics/Divorce.aspx. Some attorneys are willing to work with you as far as payment plans. There is a possibility your partner may be responsible for some or all of your attorney's... View More

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3 Answers | Asked in Contracts, Probate and Civil Litigation for Minnesota on
Q: Is an unrecorded contract for deed valid if the owner passed away?

I entered into an unrecorded contract for deed 10 months ago with my neighbor, who has since passed away. I've made payments according to the contract terms and have had contact with the estate's representatives. There is a written agreement, and I've requested documentation from the... View More

Robert Kane
Robert Kane
answered on Apr 9, 2025

The contract may be valid and enforceable. There are, however, an infinite number of things that may prevent the contract from running its course. Without reading the specific language and knowing the circumstances it is impossible to determine what may happen. If a family member were to post a... View More

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2 Answers | Asked in Civil Rights and Constitutional Law for Minnesota on
Q: Falsely accused of trespassing at a shelter, what are my options?

I was falsely accused of trespassing and discriminated against by a staff member at a homeless shelter. The staff called the police on me, and I was threatened with jail time by both the staff and police, even though I didn't sign any documents or have my side of the story heard. There were... View More

Robert Kane
Robert Kane
answered on Apr 9, 2025

You don't mention why you believe you had authority to be there. A shelter is certainly not a facility where just anyone can walk in. Any establishment can prohibit any one from entering its property. Feel free to contact some discrimination attorneys. I am not a discrimination attorney.

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2 Answers | Asked in Child Custody and Family Law for Minnesota on
Q: Concern about mother regaining custody despite long absence and past issues.

My 14-year-old son recently contacted his mother via email, whom he hasn't seen in almost 10 years due to the mother's choices. My son lives solely with me, his father, and our family. I have 100% physical custody and share 50% legal custody with the mother, who did not show up for her... View More

Robert Kane
Robert Kane
answered on Apr 5, 2025

You certainly have valid concerns. You will have to forgive me, but an online Q and A isn't an opportunity for an attorney to go into any detail in what may be right for your son. You can certainly try to address the situation before the courts or social services get involved. Perhaps a... View More

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3 Answers | Asked in Divorce, Family Law and Contracts for Minnesota on
Q: Divorce: Can ex-spouse live in house and still split bills in MN?

I live in Minnesota, and my wife wants a divorce but wishes to continue living in our house, also wanting to split all the bills as we do now. I currently pay for all the bills, while she saves her income in her bank account. Once our kids move out, do we continue splitting everything?... View More

Robert Kane
Robert Kane
answered on Apr 3, 2025

Each of you have an obligation to maintain the marital property. The obligations of each spouse after the divorce is final will be set forth in the judge or agreement if properly draft. Child support obligations are distinct from the marital property issues. You are commingling different issues... View More

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2 Answers | Asked in Contracts and Business Law for Minnesota on
Q: Am I responsible for paying resignation fees not stated in the contract?

I am the Creative Director and Vice President at a 509(a)(2) charity foundation in Minnesota. My contract was for 4 years, stating that it may be terminated by providing written and verbal notice to the organization’s president at least 60 days before the term's expiration. I have provided... View More

Robert Kane
Robert Kane
answered on Mar 18, 2025

It is very unlikely you are responsible for paying resignation fees not stated in the contract, the bylaws or otherwise. In your previous post, you only mentioned you were a board member. As the Creative Director, you would also be an employee. Therefore, it would be necessary to consider both... View More

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2 Answers | Asked in Family Law for Minnesota on
Q: How can I find out which documents are needed to reinstate parental rights?

I am trying to reinstate my parental rights but was denied because my application was incomplete. I filed something incorrectly or missed certain documents. Unfortunately, I have not received clear information on which documents are missing or needed. How can I find out which documents are required... View More

Robert Kane
Robert Kane
answered on Mar 12, 2025

Quite simply you will need to devote your time and efforts at the law library to find out which documents are needed to reinstate your parental rights or hire an attorney. These petitions are not just a few fillable forms with a checklist. I apologize for being blunt.... View More

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2 Answers | Asked in Civil Litigation for California on
Q: Seeking guidance on proceeding with a pending civil case filed in 2019, confirmed active but not closed.

I have a civil case that was filed in May 2019, which I believed was closed until I recently discovered it's still pending. I don't currently have an attorney and have confirmed the case status with the court. There have been some actions taken, but to my knowledge, no rulings have been... View More

Robert Kane
Robert Kane
answered on Mar 1, 2025

Actually, JA's AI's response isn't total gibberish. Quite simply and in more human terms, you haven't provided near enough specific information to provide any meaningful guidance other than to consult with an attorney. A "pending civil case" could deal with an... View More

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2 Answers | Asked in Libel & Slander and Civil Litigation for Minnesota on
Q: Being sued for defamation and harassment in Minnesota, while countersuing.

I am facing a defamation lawsuit in Minnesota and experiencing harassment from the opposing attorney, who repeatedly calls and intimidates me. I have documented these incidents. I am also countersuing due to a loss of income and an intentionally false police report filed against me. The opposing... View More

Robert Kane
Robert Kane
answered on Feb 26, 2025

You can file a motion for sanctions to address the misconduct of the opposing attorney. You are required to your loss of income and that you are entitled to compensation; and you are required to prove an intentionally false police report was filed. The other party will eventualy need to clearly... View More

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4 Answers | Asked in Child Custody, Family Law and Arbitration / Mediation Law for California on
Q: Seeking pro bono lawyer for CA child custody case

I am seeking a pro bono family law lawyer to assist me with a child custody case. The father currently has full custody of our children, while I have reasonable visitation rights. However, he has kept the kids from me for almost a year and is now attempting to retain full custody and move out of... View More

Robert Kane
Robert Kane
answered on Feb 21, 2025

You are not alone. Millions of Californians seek free legal representation. Many in worse situations than yours. There are agencies like Legal Aid, but their funding simply cannot provide legal representation for everyone in need. Attorneys do strive to provide pro bono services more than most... View More

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3 Answers | Asked in Contracts, Business Law and Civil Litigation for California on
Q: How can I find an attorney who works on contingency basis for business litigation case?

I need help filing a business lawsuit in San Francisco Superior Court but as a low income individual cannot afford an attorney who charges full sum of representation upfront. Where can I find an attorney who works on contingency basis?

Robert Kane
Robert Kane
answered on Feb 21, 2025

Quite simply, you will need to contact attorneys until you find one willing to represent you on a contingency basis. This will be challenging. Law firms do not gamble. It will need to be a sure thing with the settlement/judgment paid immediately upon resolution. This will be based on the law... View More

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2 Answers | Asked in Consumer Law, Contracts, Business Law and Products Liability for California on
Q: Can I sue a business for selling a medical device without verifying my license?

I purchased a medical-grade device from a business that did not verify whether I have the proper license to use it. The company claims you don't need a license to own it, but industry standards and my research indicate that a license is required for business use. They provided minimal... View More

Robert Kane
Robert Kane
answered on Feb 14, 2025

If you can establish they were prohibited by law from selling it to you perhaps you have an argument. Admitting you have been using it illegally is a problem that would likely have consequences. For you to be absolved of any responsibility for not knowing you had to be licensed seems very unlikely.... View More

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2 Answers | Asked in Construction Law, Small Claims and Contracts for California on
Q: How to serve unreachable contractor in small claims court?

I hired a contractor to work on my house, but he stopped showing up and doesn't respond to my calls or messages. I have a written contract and I've made four payments by check. I've filled out forms to sue him in small claims court, but I'm unsure how to "serve" him... View More

Robert Kane
Robert Kane
answered on Feb 13, 2025

Ultimately, a judge could allow service by publication. As a practical matter, you should exhaust all resources to locate and personally serve them. A default judgment isn't worth much if you can't find them. If you do eventually find them, they will undoubtedly try to set the default... View More

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2 Answers | Asked in Divorce, Family Law and Child Custody for California on
Q: I just filed for divorce and child custody and my soon to be e ex wife works in family law in the same courthouse

How can I get the venue changed seems unfair to me and a conflict of interest

Robert Kane
Robert Kane
answered on Feb 6, 2025

You will need to file a motion to transfer a family law case (i.e. change of venue.) A family law case will be moved to another county if you can prove to the court a fair trial would not be possible because your wife works in family law in the same courthouse. My best regards. Rob California... View More

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2 Answers | Asked in Business Law and Election Law for California on
Q: 501(c)(7). Voter name list can be requested, directors election. Are proxy voters OR the proxy holder's name exposed?

Concerning proxy voters privacy and exposure.

In an election of directors, one may request a list of the voters names, etc. If the voter uses a proxy to vote, are their names on the list or just the proxy holder's name?

If I solicit proxies, do I have to reveal the names of... View More

Robert Kane
Robert Kane
answered on Feb 13, 2025

The bylaws specify the procedures for member voting. Whether the proxy voters OR the proxy holder's name are exposed may not be covered. If this is the case, a vote may be needed if the issue is contested. My best regards. Rob Kane Orange County Business Non-profit Attorney California 501(c)(7)

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4 Answers | Asked in Education Law for California on
Q: Grad school insists i pay for a course that i requested to be dropped. what kind of lawyer do i need?

i sent three emails in the three weeks leading up to the course drop date. the school did not respond to any of the emails. now they will not let me take additional classes until i pay for this class which i requested to be dropped from. the balance is $1,800.

their rationale is that i... View More

Robert Kane
Robert Kane
answered on Feb 1, 2025

From a practical stand point, neither legal aid nor attorneys will be able to assist in a $1,800 dispute. Legal Aid doesn't address these types of issues and an attorney cannot afford to donate three hours or more (>$900) to help you recoup $1,800. If you are unwilling to pay an attorney... View More

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1 Answer | Asked in Divorce and Family Law for Minnesota on
Q: About legality of my divorce?

When I signed my divorce papers I was a vulnerable adult. Is that legal and do I have a certain amount of time to nullify it?

Robert Kane
Robert Kane
answered on Dec 17, 2024

An attempt to re-open a dissolution of marriage case most likely has to be done within one year. You don't state what your objective is. Do you want to remain married or want an opportunity to begin the process anew? It will certainly be challenging, time consuming and expensive.

Rob...
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1 Answer | Asked in Estate Planning and Probate for Minnesota on
Q: Informal probate

The lawyer changed the will after the fact that my aunt‘s boyfriend had died he changed it saying that my aunt only had a life estate which wasn’t true so now the family ran me out of the house and is receiving my mail and changing the beneficiary documents or changing the names on certain... View More

Robert Kane
Robert Kane
answered on Dec 13, 2024

If you object to the probate of the Will or appointment of the personal representative in an informal probate case, you must file a petition stating your objection with the court. A hearing will be scheduled regarding your objection, and you will be required to give notice of the hearing to the... View More

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