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Minnesota Questions & Answers
0 Answers | Asked in Family Law, Appeals / Appellate Law and Child Custody for Minnesota on
Q: What is the deadline to start and file an appeal in a custody case in Minnesota?

There is an order dated entered on March 21, 2024.

0 Answers | Asked in Family Law, Appeals / Appellate Law and Child Custody for Minnesota on
Q: What is the deadline to start and file an appeal in a custody case in Minnesota?

There is an order dated entered on March 21, 2024.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Minnesota on
Q: I have shared property easement with 9 owners. One owner is blocking access on both ends trapping other owners boat lift

1 Owner is blocking access both in and out at both ends of easement and trapping others boat lifts with her lifts on both ends. She is threatening Legal action if we move her lifts to access or move ours.

Anthony M. Avery
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answered on Apr 23, 2024

Hire a MN attorney to declare and enforce your easement. Small damage award might be possible. If you do not file suit, you will lose the easement.

0 Answers | Asked in Car Accidents for Minnesota on
Q: if someone was paid by their insurance for damages to thier car, spends more than the insurance gave them do i owe him?

I am in the state of Minnesota. The young ladies father was paid over 30,000$ by his insurance company, to replace his car that was damaged in a fenderbender, no glass broke, no airbags went off, damage was only to the trunk and bumper. he spent about 5000$ more than the insurance company gave him... View More

1 Answer | Asked in Contracts and Employment Law for Minnesota on
Q: issue of contracts involving merged healthcare entities.

If I signed a contract with a health care entity and then this same entity MERGES with another (not sold), does the 2nd entity have the right to change terms of my contract (the original contract CEO is still the CEO of merged entity).

Robert Kane
Robert Kane
answered on Apr 20, 2024

Without knowing the terms and conditions of the contract you signed, I don't know if "the 2nd entity ha[s] the right to change terms of [your] contract. You don't even mention what the contract has to do with. Health care entities entered into dozens of contracts, some have nothing... View More

1 Answer | Asked in Family Law for Minnesota on
Q: If my parental rights were terminated can I still care for my son if his father allows it?

My parental rights were terminated by default in 2020. My son's father was given full custody. Can I still care for my son if the father allows me to? also, I have my discovery from my CPS case. There are many errors and false reports made by the case worker. I need help to get my rights back... View More

Robert Kane
Robert Kane
answered on Apr 20, 2024

I can't answer for specifically for you, but generally a parent with no parental rights would have the same opportunity to spend time with a child as anyone else with the permission of the parent or guardian. A petition can be filed to reverse the termination, but the chances of success are... View More

0 Answers | Asked in Consumer Law for Minnesota on
Q: Question on APR rates in Minnesota and personal loan

For a $1,100 loan I have to pay back $4,990 with an APR of 499.999 rate is that legal in Minnesota this is a bank out of Wisconsin doing it and the loan is for 12 months so each month the payment is $400 and something dollars

0 Answers | Asked in Estate Planning and Probate for Minnesota on
Q: I recently found out my mom had a life insurance policy at her time of death in 2010 that my brother received because he

Was next of kin. Without informing me the money was split up between my 2 brothers and 1 sister and I didn't receive a dime. What can I do to get my fair share of the money I'm owed?

1 Answer | Asked in Estate Planning and Probate for Minnesota on
Q: I recently found out my mom had a life insurance policy at her time of death in 2010 that my brother received because he

Was next of kin. Without informing me the money was split up between my 2 brothers and 1 sister and I didn't receive a dime. What can I do to get my fair share of the money I'm owed?

Robert Kane
Robert Kane
answered on Apr 18, 2024

The specific facts of the situation will dictate how you should proceed. There are numerous questions that need to be answered. To start:

Have you confronted him?

The insurance company should have contacted all beneficiaries directly. Why didn't this happen?

How was...
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2 Answers | Asked in Criminal Law for Minnesota on
Q: Can I be charged with assault even if I have an eyewitness saying the injury came from a slip and fall?

I have prior assault convictions

Sarah Gad
Sarah Gad
answered on Apr 17, 2024

You can be charged with assault if the police have probable cause to believe you assaulted the person. Probable cause is not very high standard. If the alleged victim had a visible injury and claimed that you were the attacker, that's pretty much all that is needed for probable cause to charge... View More

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0 Answers | Asked in Consumer Law for Minnesota on
Q: I bought a bad car need to know what to do now??

I've had the car a month and a half they knew the problem but just kept telling me other things were the problem. The dealer ship where it is sitting now saw the bad catalytic converter right away. The car was getting no power to where I could have caused a major accident in the middle of rush... View More

3 Answers | Asked in Federal Crimes for Minnesota on
Q: What happens if you defend yourself with an illegal gun?

Let's say someone tries to rob you, and they point a gun at you, and in self defense you shoot them, but the gun you used was a ghost glock? Would you be able to get a self defense plea, or would you get charged for both, or would you only recieve a charge for carrying an illegal firearm?

Thomas C Gallagher
Thomas C Gallagher
answered on Apr 15, 2024

If a prosecutor charges a person with two different types of crimes: e.g., assault and illegal gun possession, the defendant might raise a defense of self-defense to the assault charge. But that defense would not apply to an illegal gun possession criminal charge. As for a prosecuting... View More

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0 Answers | Asked in Criminal Law and Estate Planning for Minnesota on
Q: What happens if you have been court-ordered to pay restitution to someone who recently died and has no estate/family?

I was ordered to pay restitution to an elderly woman in an assisted-care facility. The woman recently died and has no estate or surviving children. Can I petition the court to nullify the restitution payments?

2 Answers | Asked in Appeals / Appellate Law, Criminal Law, Native American Law and Traffic Tickets for Minnesota on
Q: Is Driving after Cancelation (IPS) ,civil reg. Or criminal? I am a enrolled tribal member, and I was cited on res land

I was cited by a tribal officer, but I was given a Becker Co. Citation, I requested this remain in tribal court and was denied, because the officer believed dac,IPS is a criminal act and would be heard in district court.

James L. Arrasmith
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answered on Apr 16, 2024

Driving after Cancellation (DAC), specifically when labeled as "inimical to public safety" (IPS), is typically regarded as a criminal offense. The categorization as criminal stems from the potential threat to public safety implied by the IPS designation. This determination means that the... View More

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1 Answer | Asked in Traffic Tickets for Minnesota on
Q: "No Minnesota driver's licence" citation, but I have valid foreign drivers license while less than 60 days in USA.

I'm on a business visit from 1 month ago in USA. USA embassy told me I don't need international drivers license in USA, and I just got a citation. What can I do?

Robert Kane
Robert Kane
answered on Apr 13, 2024

A little more information would be helpful. What was the citation for? A citation will provide you some direction itself. Are you still in the country? Arrangements for remote appearance or attorney only appearance may be possible.

2 Answers | Asked in Criminal Law for Minnesota on
Q: What are consumer rights regarding illegal items in a repossessed vehicle?

If a car is repossessed without warning and taken by a tow company and stored on a lot, does the repo company inventory items? If so, What happens in a scenario where illegal items that carry felony level charges are found? Example: small amount (5th degree?) controlled substance, paraphernalia.... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Apr 11, 2024

The repossession company has no obligation keep illegal items found in a repossessed vehicle private. They should and will likely turn over any illegal items found in the vehicle over to law enforcement. I would presume that the individual would then be charged with possession for those items... View More

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0 Answers | Asked in Divorce for Minnesota on
Q: What is a formal request for discovery how do I do it? Is it filed with the courts? How does that process work, play out

I thankfully had a low income divorce attorney who gave my ex’s attorney an informal request for discovery via email, they provided incomplete answers, this attorney went MIA. I’ve tried to get the discovery answers myself to no avail. Was blessed with a 2nd attorney. She sent an informal... View More

0 Answers | Asked in Child Support for Minnesota on
Q: When my child was placed in foster care I still recieved child support. Will I owe that back?

My child was only in a foster home for about a month and a half and the he was co located with me for the next 4 months in a treatment facility until I graduated.

1 Answer | Asked in Public Benefits, Agricultural Law and Land Use & Zoning for Minnesota on
Q: Can county government take over township powers without having due process? Isn't a public hearing required?

This was done during the pandemic. But commissioners shouldn't be able to weasel it in under the radar just because of a " pandemic".

Robert Kane
Robert Kane
answered on Apr 10, 2024

Cities do not have constitutional rights (e.g the right to due process.) If you live in Maple Lake, the Wright-Hennepin Co-op Electric Association is governing authority. I don't know what transpired, but the city and association should have allowed for public input and provided transparency.... View More

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