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Questions Answered by Robert Kane
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

3 Answers | Asked in Divorce and Family Law for California on
Q: Getting nowhere with CMC/MSC hearings, to save money can I represent myself at the next one and push for a trial date?

So this simple divorce case has taken way too long (2 years) and cost me way too much money. OC has been stalling, 2 no shows at CMC, arguing little things and changing mind about other petty things. In an effort to prepare my resources for a speedy trial I'd like to stop wasting money with... View More

Robert Kane
Robert Kane
answered on Dec 9, 2024

You can certainly dismiss your current attorney and then hire a new one when you wish. It is unlikely to save you money. The new attorney will undoubtedly charge you to get up to speed. This will likely cost much more than what you save in representing yourself during the interim. There's a... View More

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3 Answers | Asked in Divorce for California on
Q: I recently had divorce papers served to my ex. A few weeks after he hired an attorney who began asking for copies.

He began asking for copies of the papers I served. I am confused as to why he's asking instead of getting them from his client. He then followed up multiple times and quoted something from Family Code 271 which from my understanding means he intends to file something saying I am uncooperative.... View More

Robert Kane
Robert Kane
answered on Dec 5, 2024

You wouldn't need to provide him with documents you have already served, but you do have an obligation to update certain information as you note. He is insistant because that's his job. If you are representing yourself, you will need to speak to the attorney. You can file a request for... View More

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2 Answers | Asked in Business Law and Securities Law for California on
Q: I have shares of common stock in a company and would like to find its worth and how to transfer or sell them?

they are also named in a deceased family member.

Robert Kane
Robert Kane
answered on Dec 2, 2024

I assume the shares are not of a publicly traded corporation like McDonald's or Microsoft. So, you just can't look them up and sell them. How shares are bought and sold are likely restricted by the corporation's bylaws. You will need to contact the corporation to find out your rights... View More

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2 Answers | Asked in Business Law for California on
Q: Can a non professional serve as an officer -not shareholder-in a professional corp in california?

Medical corp

Robert Kane
Robert Kane
answered on Dec 1, 2024

Generally, only professionals licensed in the profession of the professional corporation may be an officer, director, or shareholder of that professional corporation. There are, however, circumstances where unlicensed individuals may have authority over the services provided as officers. Why are... View More

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3 Answers | Asked in Domestic Violence and Family Law for California on
Q: I have a domestic violence case coming up for trial. The victim wants to file an "affidavit of retraction"

The victim n my case made several false statements against me really painting a horrible picture of who she wants me 2 appear 2b as a person in everyday life. On paper, what she has said looks very bad n the courts eyes. But it not accurate and it's fictitious. The victim has since came to... View More

Robert Kane
Robert Kane
answered on Nov 29, 2024

In every courthouse in every county in every state across this nation abuse victims want to recant their stories claiming they lied or were otherwise mistaken to save their abuser. The police, judges and prosecutors hear this every day. It's unlikely the officials will believe the... View More

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3 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Legal Malpractice for California on
Q: If im having issues finding a lawyer does that mean I'm being ignored on purpose, or what would be the issue?

I've communicated to multiple parties on and off for probably a year and don't have any proper representation or assistance other then the cal bar website..

Robert Kane
Robert Kane
answered on Nov 20, 2024

If you are being ignored or turned away the most likely reason is you don't have a viable case. Law firms are businesses that are profit driven. You don't state whether you are willing to finance the litigation, but I would guess not. Quite simply, prepare a clear and concise statement of... View More

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2 Answers | Asked in Civil Litigation for California on
Q: What motion do I file against Co. officers using our P&L carrier to indemnify their defense in violation of Bylaws?

I am a pro se plaintiff (retired J.D.). I've filed a civil complaint against 3 members of our HOA Board and our Prop. Mgmt. co. for unlawful conduct (embezzlement, fraud, breach of contract, breach if fiduciary duty, etc.) Their defense atty is being indemnified for their legal expenses by... View More

Robert Kane
Robert Kane
answered on Oct 14, 2024

I assume the insurance company isn't a party, but is paying the members' attorney's fees. As the plaintiff, you really don't have a say in the matter. The insurance company has an obligation to represent its insured (i.e. the members.) At some point, the insurance company, board... View More

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2 Answers | Asked in Real Estate Law and Tax Law for Minnesota on
Q: How little can I sell my adjacent lot (40 k value ) for without braking any rules?

I want to give this lot to my son-in-law so he can construct a storage building. He does not wish to build on my land, as family dynamics could change.

Robert Kane
Robert Kane
answered on Oct 21, 2024

There are certainly formalities with an real property transaction. Once you sell the property to your son-in-law or anyone else you obligation is over. There may be complications if daughter divorces him someday, but that would be between them from a legal standpoint. You may to consult with an... View More

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1 Answer | Asked in Landlord - Tenant for Minnesota on
Q: Is it legal for a landlord to limit the amount of overnight guests I have in a month? More than 6 = violation or evicted

When I was meeting the landlord for the showing they had a tennesen agreement that they said was a requirement to move in as well as the restriction of overnight visits. I can only have 6 per month, and an overnight according to them is having anybody other than myself in my apartment from 1 a.m.... View More

Robert Kane
Robert Kane
answered on Oct 11, 2024

Yes, it legal for a landlord to limit the amount of overnight guests you have in a month. Not only does the landlord incur additional costs and expenses when additional people are living there, but at some point he becomes a tenant. His own residence would only be one factor in determining his... View More

2 Answers | Asked in Traffic Tickets for California on
Q: just bought a car. Driving because gf gets migranes with the weather. Pulled over for "speeding" car gets towed. Just

Here. No support. Said I needed IID. but I didnt. Could've let my gf drive home. Forced to walk home 7 miles on freeway. Officer said " take it up with the judge" no empathy or understanding/compassion for us and our only family vehicle. That's the law though right? Because I... View More

Robert Kane
Robert Kane
answered on Oct 3, 2024

Who said you needed an IID? The problem is you clain to have a built in excuse to drive illegally because you can simply claim she's having a migraine every time you get pulled over with her in the car. I doubt the "we would be forced to walk home 7 miles on freeway" excuse is going... View More

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3 Answers | Asked in Divorce for California on
Q: I have a close friend and SAHM whose husband wants a divorce. He wants to hire one lawyer for both of them.

He controls everything. She has no access to the family computer, money or to any financial accounts. She doesn't work and would need alimony. I think he wants to have a lawyer for only certain parts of the divorce. Should my friend agree to this?

Robert Kane
Robert Kane
answered on Oct 3, 2024

It seems clear you don't believe it's a good idea, and it probably isn't. Even if everyone agrees to it initially, it can be quickly ended once there's a conflict. If the attorney sees a problem, she would be obligated to withdraw. Hopefully she understands this and is of good... View More

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4 Answers | Asked in Contracts and Construction Law for California on
Q: I'm seeking a contingency fee lawyer to handle a construction dispute involving approximately $100K in damages.

I hired a contractor to work on my house to perform an addition and remodeling (about 900 SF). We discovered so many problems after the work was about to finish. I have reported the contractor to the CSLB which brought an expert who evaluated the work and wrote a report about most of the damage.... View More

Robert Kane
Robert Kane
answered on Sep 13, 2024

Like Mr. Stoddard suggest, finding an attorney to take this case on a contingency basis will be very, very difficult, at best. Attorneys take cases on a contingency basis when they are 99% convinced of success, a huge profit and the judgment is immediately paid in full. An attorney cannot afford to... View More

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3 Answers | Asked in Contracts for California on
Q: Guarantor responsibility when borrower subjected to unforeseeable illegal actions that result in impossibility

Small business gets loan, guaranteed by third party guarantor, for startup and early operations with the understanding that the loan would be repaid from cashflow. That borrower is then unexpectedly subjected to illegal actions (ultimately formally found to be so by court) that render its business... View More

Robert Kane
Robert Kane
answered on Sep 11, 2024

If the borrower is no longer responsible for his obligations under terms of the loan agreement it is likely the guarantor would also be released her obligations. Without knowing what "illegal actions" means a definitive answer is impossible. If the borrower committed a criminal act and... View More

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1 Answer | Asked in Criminal Law for Minnesota on
Q: Hi, we are looking for an attorney that can help us with collecting restitution and to answer some questions. Thanks
Robert Kane
Robert Kane
answered on Aug 27, 2024

Is this restitution from a criminal conviction or are you using the term in the general sense? In either case, most attorneys who deal with civil disputes in general practice can assist you. Firms that specialize in personal injury probably not. You and your attorney will need evaluate the... View More

2 Answers | Asked in Business Law for California on
Q: Can my wife sue her former business partner for lying about finances and leaving all the debts to her?

Her business partner was the one handling all the expenses, all the finances. She was the CEO and he was the CFO, and he was lying about finances for a few months, wasn't paying rent, didn't pay one of the people who helped with an install, didn't pay several other important bills,... View More

Robert Kane
Robert Kane
answered on Aug 21, 2024

Yes, your wife can likely sue her former business partner for lying about finances and leaving all the debts to her. How to proceed will depend on the details and her objectives. There are an infinite number of scenarios that could exist. If the business was formed and maintained properly, your... View More

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2 Answers | Asked in Family Law for California on
Q: If i am sick, is that possible to pause the court hearing?
Robert Kane
Robert Kane
answered on Aug 21, 2024

You will need to convince the judge with evidence to obtain a continuance. The opposing party's consent may help. Obviously, the court system cannot accommodate every time someone simply "calls in sick." A remote appearance may be an option. A chronic illness or condition may require... View More

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2 Answers | Asked in Civil Rights for California on
Q: Can a person be detained because her husband ran from police

Handcuffed and put in police car for 4 hrs

Robert Kane
Robert Kane
answered on Aug 21, 2024

Being handcuffed and put in police car for 4 hours seems unusual, a person can be detained because her husband ran from police depending on the circumstances. Feel free to contact attorneys who deal with police misconduct. Of course if you were also a suspect, aiding a fugitive or similar you may... View More

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1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: My son's wife just gave him divorce papers, does he have to move out right away?

He is going for full legal and physical custody of their 3 !/2 year old son because he was and is the primary caretaker. She is threatening him that if he goes away for the weekend with their son, she can make a case against him because they will be staying with us. (The grandparents, his mom and... View More

Robert Kane
Robert Kane
answered on Aug 16, 2024

This seems to be a tense situation. If your son's wife just gave him divorce papers, he does not have to move out right away, but maybe it's better if he does. I don't know what type of case she thinks she can make, but taking a child to his grandparents' house doesn't seem threatening.

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