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Minnesota Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: In family court can a Referre dismiss a case after trial with Prejudice and simultaneously order relief. The Petitioners

Filed a motion to Amend the findings saying since the 3 rd party custody case was originally against me if the judge dismissed it instead of denied it she has to give my child back to me and not the Dad who is not the Petitioners. Not a divorce case just my daughters Godparents wanting her case has... View More

Robert Kane
Robert Kane
answered on Mar 28, 2024

In family court can a Referre dismiss a case after trial with Prejudice and simultaneously order relief? Yes, depending on the circumstances. I apologize, but how you should respond can't be determined on a few phrases. An appeal may be appropriate if the referee made a mistake of law, such as... View More

1 Answer | Asked in Contracts, Employment Law and Business Formation for Minnesota on
Q: How can a subsidiary find a new owner, when the owner wouldn't want to sell due to the subsidiary's financial success?

The subsidiary is in a very unhealthy relationship with their owner. The owner doesn't treat the subsidiary well, doesn't invest in the subsidiary and has become a competitor. Additionally, the subsidiary is charged a hefty fee for administrative support from the owner which isn't... View More

Robert Kane
Robert Kane
answered on Mar 26, 2024

I apologize, but I am not entirely sure what type of relationship you are describing. Your description would include many different scenarios. Most importantly would be any contractual obligations of the parties. I have no doubt the subsidiary has options, but I don't know what may be the best one.

1 Answer | Asked in Child Support for Minnesota on
Q: Child support lowered

My ex got his child support lowered based on his hourly wage. He has worked a consistent and predictable overtime schedule since before we split. Shouldn’t that be calculated into his support obligation? Before we went to court his lawyer offered me a deal that included the overtime, but he... View More

Robert Kane
Robert Kane
answered on Mar 26, 2024

Unfortunately, it seems you had your day in court and may be prevented from taking any further steps at this time. Perhaps you can seek reconsideration or alike. Without knowing exactly what happened it is hard to advise. Perhaps you can afford a limited-scope representation. Good luck.

1 Answer | Asked in Gov & Administrative Law for Minnesota on
Q: I received a hands-free citation for $275. According to MN state statute 169.475 I should receive a warning. Correct?

Can you please help me interpret the wireless communications device statute? What I see is that I am supposed to first receive a warning and the second or subsequent time a $275 fine.

Robert Kane
Robert Kane
answered on Mar 25, 2024

The statute provides "a person who violates paragraph (a) a second or subsequent time must pay a fine of $275." It does not express a warning is required for a first violation. One can infer the fine should be less than $275.

1 Answer | Asked in Estate Planning for Minnesota on
Q: My husband and I need to make a will or trust and we don't know where to start.

We don't have a large or very complicated estate, I don't think, and we only have 1 heir that everything will go to (our 23 year old son, who does not live with us). But we do have our house and also some land in another state, in addition to the normal retirement accounts, savings... View More

Neil P Thompson
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Neil P Thompson
answered on Mar 25, 2024

Yours appears to be a straight forward basic estate plan, one that a Will plan would work well. The property in another is or can be problematic and a review of which state the property is in would be necessary. That being said a basic will, power of attorney and health care directive for each of... View More

1 Answer | Asked in Criminal Law for Minnesota on
Q: Is the minnesota predatory offender registry fall under a civil or criminal area?
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 25, 2024

It is a statute that imposes criminal consequences for failure to comply.

1 Answer | Asked in Personal Injury for Minnesota on
Q: My son died in 2021.funeral home has not given me my son's remains.what can I do ?
Robert Kane
Robert Kane
answered on Mar 24, 2024

Why hasn't the funeral home given you the remains? Perhaps repost with more information.

1 Answer | Asked in Personal Injury for Minnesota on
Q: Thousands of waste tires illegal dumped on my land by local recycling center!! Help what can I do??
Robert Kane
Robert Kane
answered on Mar 25, 2024

I have no doubt there is much more to the story. Please start here;

https://www.minneapolismn.gov/resident-services/garbage-recycling-cleanup/illegal-dumping/

1 Answer | Asked in Landlord - Tenant for Minnesota on
Q: I've given a 2 month notice to end lease, but the company changed. Can they still charge me for rent after the notice?

The new company claims they didn't get proper notice even though I have given notice and have moved out of the apartment. I have returned the keys. They're wanting to charge me another months rent claiming that I didn't give proper notice.

James L. Arrasmith
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answered on Mar 26, 2024

If you have given a two-month notice as per your lease agreement and have documentation to back this up, you should be protected under most rental agreements and state laws. Ensure you have copies of the notice you provided, any acknowledgment received from the old company, and any other relevant... View More

1 Answer | Asked in Probate for Minnesota on
Q: What are my rights in a probate case

I'm a person with a disability all of my other relatives have lawyers for the probate case I do not and I did request reasonable accommodations I requested an exception I requested a lawyer but I cannot get one because everyone is using the elderly estate low-income lawyer service what are my rights

Robert Kane
Robert Kane
answered on Mar 22, 2024

I am not quite sure what you mean. The disabled don't have right to have an attorney appointed to represent them as an indigent criminal defendant does. Are asking about access to the courtroom or the ability to participate remotely?... View More

2 Answers | Asked in Criminal Law and Gov & Administrative Law for Minnesota on
Q: GM 5th deg-possession of drug, first timer, and I was wondering if I’m serving jail time or how much would I have to pay

It’s 3 Percocet pill that I’ve been caught with and it’s my first time and it’s gross misdemeanor charges GM 5th deg-possession of drug, first timer, and I was wondering if I’m serving jail time or how much would I have to pay

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 21, 2024

I think that it is unlikely that you would be facing jail time for a first time GM drug possession case. The best thing that you can do for yourself to avoid having to serve jail would be to get a Chemical Use Assessment and start following the recommendations. That is something that you are... View More

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1 Answer | Asked in Real Estate Law for Minnesota on
Q: How do you split up a cabin after death

My family owns a cabin in Baudete Mn. 4 siblings, my dad 1/4, My uncle 1/4, 1 aunt 1/4 and other aunt 1/4 owner of the cabin, now they all have died. So my aunt gave me her 1/4, My other aunt gave her 1/4 to my uncle, my dad has his 1/4…now my dad and uncle have just died, so we are in a... View More

Robert Kane
Robert Kane
answered on Mar 25, 2024

The are different ways to address this situation, but more information is required. Forgive me, but an analysis of ownership rights based on your specific presentation would time consuming and not something apt for a free online Q and A. I suggest you begin by researching "partition."

1 Answer | Asked in Tax Law and Estate Planning for Minnesota on
Q: When the 1rst spouse dies, is his/hers estate considered 1/2 of the couples entire estate?
James L. Arrasmith
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answered on Mar 20, 2024

In Minnesota, understanding how estates are divided upon the death of a spouse can be complex due to the state's laws and the specific details of your situation. Generally, when the first spouse passes away, the distribution of the estate depends on whether the assets were owned jointly or... View More

1 Answer | Asked in Contracts for Minnesota on
Q: Contractor Proposal and records access from government

Hospital wants us to add a section in our parking lot repair proposal about letting the government have access our records and books for 4 years. Do we have to have that verbiage in our proposal? In 40 years of business, we have never had to include that.

Robert Kane
Robert Kane
answered on Mar 21, 2024

You do not have to have that verbiage in your proposal. Likewise, they do not need to accept your proposal. Unfortunately, without a better understanding of the situation, I don't know what leverage you have in negotiating.

1 Answer | Asked in Criminal Law for Minnesota on
Q: How does a person get a charge expunged so that his gun rights can be restored. He is now 45 years old .

He has not been in any trouble since then. He was 15 when this happened.

Robert Kane
Robert Kane
answered on Mar 19, 2024

Having a criminal record expunged may not restore a person's right to possess firearms. You don't provide enough detail to determine your situation. An attorney can assist you if you want it done properly. Some attorneys are affordable and some are not.

1 Answer | Asked in Criminal Law and Civil Rights for Minnesota on
Q: Is it possible to find someone to go to the county jail to speak with my son.He has a case coming up.

He can explain, give proof. Very important he speak in person. Not enough money for calls, etc. I am trying to get him help. Needs to file grievance. Confict of interest. Jailer threatening him to abide, jailer related to judge, request to be moved ignored, etc He would explain.

James L. Arrasmith
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answered on Mar 15, 2024

It's important to act quickly in situations like this. Reach out to local legal aid organizations or public defender's offices; they often provide free legal services to individuals who cannot afford them. They may be able to assign a lawyer or an advocate who can visit your son in jail... View More

1 Answer | Asked in Immigration Law for Minnesota on
Q: Can I apply for citizenship if I have a 5th-degree assault charge for 8 years ago, no arrest occurred?

I'm a Green Card holder for almost 10 years, I have a 5th-degree assault charge for 8 years ago; no arrest occurred, and a normal traffic ticket for an accident. Will I be disqualified if I apply for citizenship?

James L. Arrasmith
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answered on Mar 15, 2024

If you're considering applying for citizenship and you have a history that includes a 5th-degree assault charge from eight years ago, without any resulting arrest, and a minor traffic violation, these incidents could impact your application, but they don't automatically disqualify you.... View More

1 Answer | Asked in Estate Planning and Probate for Minnesota on
Q: I want to contest part of the will but I do not know how to contest in a probate case?

I'm a person with a disability the other people sent a letter saying they were going to submit both Wills to the court turned out they they did not they only submitted one so there are but I believe they are using the wrong will so that's why I want to contest. I think one of my other... View More

Anthony M. Avery
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answered on Mar 15, 2024

You will need a MN attorney to contest a Will filed for Probate. You may or may not have a cause of action. Obviously 2 Wills cannot be filed for Probate by the same proponent. But it sounds like you do not have either Will, which is a problem to probate the actual Will, and you must have... View More

1 Answer | Asked in Criminal Law and Civil Rights for Minnesota on
Q: How can I get a grievance file started asp in blue earth county
James L. Arrasmith
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answered on Mar 14, 2024

To get a grievance file started in Blue Earth County as soon as possible, it's important to first understand the specific nature of your grievance. Different types of complaints may require different approaches and might be handled by various departments within the county. For example, issues... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: Can firearm rights be restored, even if an expungement is not possible?

Is an expungement available for a conviction under 609.222 (assault 2nd degree)?

Can firearm rights be restored, even if an expungement is not possible?

James L. Arrasmith
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answered on Mar 13, 2024

In Minnesota, expungement may be possible for a conviction under § 609.222 Assault in the 2nd Degree in certain limited circumstances. However, even if expungement is granted, it would not automatically restore firearm rights.

Expungement eligibility depends on the specific facts of the...
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