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Questions Answered by Robert Kane
1 Answer | Asked in Divorce for Minnesota on
Q: Can a divorce be reversed that as rendered on a default judgement due to proper division of assets

The division of asset as listed nor properly divided. I was never given a copy of the divorce decree and zero asset where listed and no pension was granted on my behalf as it waws martial property.

Robert Kane
Robert Kane
answered on Jul 18, 2024

A default judgment can be set aside by the judge. Simply claiming the property wasn't properly divided may not be enough. The judge will need to know why you didn't do anything before now. If it is set aside, it begins anew.

1 Answer | Asked in Child Custody and Family Law for Minnesota on
Q: How to file charges for depriving custody
Robert Kane
Robert Kane
answered on Jul 16, 2024

Citizens report the incident to law enforcement, law enforcement conducts an investigation (if appropriate), prosecutors decide if criminal charges are to be filed. In most cases, family court is where these situations are addressed not criminal court.

2 Answers | Asked in Traffic Tickets for California on
Q: how much time do I have to drive with tint?

Hello, I live in Sacramento, CA. I was issued a fix-it ticket regarding tinting until October 10. Can I drive with the tinting until October, or do I need to remove it during some other period?

Robert Kane
Robert Kane
answered on Jul 13, 2024

You need to have it fixed before driving the vehicle. You can be issued additional tickets.

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2 Answers | Asked in Divorce and Family Law for California on
Q: Filing for divorce after living in another country for over a year.

Wanted to file for divorce. Originally a California Resident, but lived in Mexico for over a year. She is in a mental health facility, and had taken the children and CPS had to remove the children from her. She tried to get me arrested with false accusations. I want to get divorced as soon as... View More

Robert Kane
Robert Kane
answered on Jul 12, 2024

You will need to meet the residency requirements in order to file for divorce (i.e. six months.) False accusations, CPS involvement and mental health issues don't change that requirement. There may be options depending on all the facts.

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1 Answer | Asked in Contracts for Minnesota on
Q: Contractor did not complete services

A contractor was hired to remove trees on my property, and asked for payment in full and never completed the work. It has been a month of excuses and promises of a refund with no results. I told him I would seek legal avenues, and he told me he would dissolve the LLC / declare bankruptcy if I did... View More

Robert Kane
Robert Kane
answered on Jul 10, 2024

You can sue the company and him personally. Allowing an attorney, like me, to evaluate, organize, send a demand and draft your conciliation complaint (up to $15,000) may be a wise investment. A well polished complaint will not only provide the judge a solid foundation to rule in your favor, but a... View More

2 Answers | Asked in Divorce and Family Law for California on
Q: I will be filing for divorce in a couple of weeks. When should we separate our finances?

Our separation date on form is March 2024

Robert Kane
Robert Kane
answered on Jul 8, 2024

Unfortunately, it is impossible to provide you any guidance. You have determine your separation date was in March and you will be filing for divorce next week. That's not much to go on. You both have an obligation to protect your property and disclose its whereabouts until everything is final.... View More

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1 Answer | Asked in Divorce and Family Law for Minnesota on
Q: I am still on the mortgage that my X lives in after 15 years being divorced. This has caused me alot of emotional stres

Hard getting into a place when i show obligation to mortgage in a house i dont live.

I've lived with my kids, my sister etc. Is he in contempt of court ? can i sue him ? What can I do

Robert Kane
Robert Kane
answered on Jul 6, 2024

I have no doubt it is stressful. That is why I and other attorneys try to ensure everything is final (or easily finalized) when the judgment is signed. Did you have an attorney 15 years ago?

Obviously, you can try to convince him to take you off the mortgage yourself. You could hire an...
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1 Answer | Asked in Child Custody and Family Law for Minnesota on
Q: Can a mom with 50/50 agreed custody voluntarily admit themselves to a residential treatment center lose custody rights?

Jackie has no criminal record. Jackie voluntarily decided to seek help at a 30-day residential program in her internal concern for misuse of alcohol. Jackie’s ex husband is emotionally abusive. After Jackie expressed her desire for a treatment program Jackie’s ex seemed to be fully supportive... View More

Robert Kane
Robert Kane
answered on Jul 5, 2024

If proper arrangements were made and it was successfully completed, it seems unlikely a mom with 50/50 (who agreed to custody voluntarily) and admit themselves to a residential treatment center would lose custody rights. She has several options when the other parent isn’t following a court order,... View More

1 Answer | Asked in Probate for Minnesota on
Q: What do you do if no one has told you anything regarding the outcome of a probate case and it's been over 2 years?

My dad passed away over two years ago and no one has told me the outcome of the probate case but that my brother, the representative, gave my niece is vehicle. He also had another. He had 2 ATVs, many, many tools. An expensive grill. Two garden tillers. The day before he passed my sister and... View More

Robert Kane
Robert Kane
answered on Jul 5, 2024

I suggest you first visit the court's website to access the court records if no one has told you anything regarding the outcome of a probate case and it's been over 2 years. Then you may decide to go to the courthouse (in person) to view documents not viewable on line. If it was a small... View More

1 Answer | Asked in Divorce, Family Law, Real Estate Law and Domestic Violence for Minnesota on
Q: I need a lawyer for custody/divorce. Legal aid has refused to help. Can't afford private. Can the court appoint?

I am self-representing because I can't get a lawyer and it is not a criminal matter so not entitled to one. Can I submit a motion requesting the court to appoint me a lawyer since he is pushing this to trial? What steps do I need to take to create/submit a motion? Dakota County MN for court... View More

Robert Kane
Robert Kane
answered on Jul 4, 2024

In most civil cases, you do not have the right to a court-appointed attorney. This includes dissolution (divorce), custody/parenting time, and child support cases. In these cases you have the option to hire a private attorney. Some organizations use a sliding scale to charge for legal services... View More

3 Answers | Asked in Constitutional Law, Civil Rights and Municipal Law for California on
Q: Restriction on my First Amendment rights as a special district Director

I am on the Board of a local Fire District. The other Board members are saying that before I contact friends, acquaintances, and constituents about issues concerning fire protection I need the Board to approve. Does this violate First Amendment rights of free speech?

Robert Kane
Robert Kane
answered on Jul 1, 2024

To prohibit you from talking "about [absolutely any] issues concerning fire protection" seems incredibly broad and unrealistic. As with any organization, some matters may need to remain confidential. For example, city council members may be briefed concerning lawsuits against the city.

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1 Answer | Asked in Probate for Minnesota on
Q: a person filed a notice of hearing for probate of a will without telling anyone that the deceased had a sibling.

My wife is that persons sister and was never notified. Is it the lawyers responsibility to verify that all this data is correct?

Robert Kane
Robert Kane
answered on Jun 24, 2024

She likely needed to determine the interested parties in the estate and serve them notice of the probate. I am confident the attorney would have asked about any siblings. What is your wife going to do now?

https://www.mncourts.gov/help-topics/probate-wills-and-estates.aspx

Q: Is a contract for deed legally enforceable if it's not filed with the county, and how do I cancel one as the buyer?

CFD is through my ex-bfs brother. I wrote it up, because family and didn't anticipate this. I know that was stupid. I got an OFP against the abusive ex in April, so since he can't be here anymore, they've been trying to evict me ever since. And, refuse to buy me out. I'm not... View More

Robert Kane
Robert Kane
answered on Jun 24, 2024

I admit I do not have experience with your specific situation; and research and analysis are required. I did, however, want to comment. You ex's abuse (if proven) isn't necessary a breach of contract. Your investment in the property doesn't necessarily mean you are entitled to any... View More

2 Answers | Asked in Civil Litigation for California on
Q: Small claims judge ruled without viewing my evidence. Can I have this thrown out? Reason?

Verbal contract to move my things to a person's backyard, save money. Management told me I had to move them as this person cannot enter into any contact while living in this senior mobile home park. I had to rent a second truck and 2 mire workers, as I'm totally disabled. I have good... View More

Robert Kane
Robert Kane
answered on Jun 23, 2024

You can only appeal a judge's decision when you owe money. Usually this means only the Defendant can appeal. But, if you're the Plaintiff and the Defendant sued you back and you lost on their claim, you can appeal that decision.... View More

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1 Answer | Asked in Divorce and Family Law for Minnesota on
Q: If my husband owned a business during our marriage do I have any claims to it
Robert Kane
Robert Kane
answered on Jun 3, 2024

Perhaps or perhaps not. It depends on numerous and various factors. The business could very well be martial property or it could be separate property depending on the situation. I apologize, but the fact your husband owned a business during your marriage is only the first thing to consider.... View More

2 Answers | Asked in Criminal Law for California on
Q: Is a low cost expungement lawyer worth it?

I'm going for an early termination of probation. I was looking at some expungement lawyers that specialize in situations like this. They give fixed prices based on what you're going for and advertise themselves as being low-cost options. Should these types of lawyers be avoided, or do you... View More

Robert Kane
Robert Kane
answered on May 29, 2024

It really depends what specific lawyers you are talking about. There are law firm like companies that depend on marketing and signing as many clients as they can. Unfortunately, expensive lawfirms can be just as bad when it comes to attentiveness.

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4 Answers | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: Can I carry a gun while picking up my daughter?

I drive through bad parts of town to pick up my daughter for her time with me. I do not have a permit to carry. But I do know it's legal to carry at home or between work and home. Could this be applied in an argument where I like to be armed when traveling with my children.

Ideally, I... View More

Robert Kane
Robert Kane
answered on May 29, 2024

No, you cannot legally carry a gun while picking up your daughter.

Minnesota Statutes, section 97B.045, prohibits transporting a firearm in a motor vehicle unless the firearm is unloaded and either:

Fully secured in a gun case expressly made for that purpose, where the case is...
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3 Answers | Asked in Business Law, Civil Litigation, Contracts and Tax Law for California on
Q: Can a nonprofit organization demand a protective order for discovery

I've sued a nonprofit organization for breach of contract and corrupt practices. I've served all their requested discovery, but they are refusing to serve theirs without a comprehensive protective order that allows them to designate any document as confidential. If I agree to it, they... View More

Robert Kane
Robert Kane
answered on May 16, 2024

Yes, a nonprofit organization can and will be granted protective orders in discovery when appropriate. You assumption that because nonprofit organizations must disclose certain information for transparency reasons that any and all other information is fair game is incorrect.

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3 Answers | Asked in Family Law for California on
Q: where i can hire s good family lawyer at a low cost a trust worthy business im out in california
Robert Kane
Robert Kane
answered on May 13, 2024

Obviously, the recommendations of family and friends are a good place to start. Even if you are in Arizona, it's likely somebody knows somebody that can recommend a California attorney. I bet many Arizona attorneys are also licensed in California. Huge marketing and advertising campaigns... View More

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1 Answer | Asked in Family Law for Minnesota on
Q: If the last living parent of a minor want to voluntarily give up parental rights to the minor older siblings with out

having to go through the court system how would she go about it? The child reside in CA and the siblings are in MN. Would the siblings need to get a lawyer from MN or CA? Is a lawyer needed if she voluntarily give up her parental right? What kind of documents would be needed? The minor do receive... View More

Robert Kane
Robert Kane
answered on May 7, 2024

Termination of parental rights would require a court proceeding. If the child resides in California, California would have jurisdiction. A judge would probably need the mother to consult with a lawyer before granting her request. The child would most likely be appointed an attorney (or guardian ad... View More

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