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Minnesota Questions & Answers
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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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

Thomas C Gallagher
Thomas C Gallagher
answered on Apr 17, 2024

When a prosecutor files a criminal charge, they allege facts which if true, they believe would prove the crime charged. If there are not facts to support "probable cause" to believe a crime was committed by the defendant, the defense attorney may file a motion to dismiss for lack of... View More

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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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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?

James L. Arrasmith
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answered on Apr 16, 2024

The legal implications of using an illegal firearm, even in self-defense, can be complex and vary by jurisdiction. In general, you would likely face charges related to the possession of the illegal firearm, regardless of the circumstances surrounding its use.

In many cases, claiming...
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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?

Robert Kane
Robert Kane
answered on Apr 16, 2024

Self defense may address the shooting, but the punishment for the illegal possession related charges would likely be harsh. The blantant disregard for the law would justify an upward departure to ensure the individual doesn't possess firearms in the future.

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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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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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1 Answer | Asked in Criminal Law for Minnesota on
Q: New aiding and abetting laws in Mn

My fiancé with two other people were in a bar fight in 2015. The victim refused medical attention, stayed at the bar after my fiancé left and died hours later of a heart arrhythmia. My fiancé was convicted of 2nd degree murder unintentional and sentenced to 21 years in prison. He has been... View More

Sarah Gad
Sarah Gad
answered on Apr 9, 2024

You are correct that there is a new aiding and abetting law in the context of felony murder in Minnesota, but whether the new law is applicable to your fiancé's situation requires additional information. With that said, the new law dictates that a person cannot be charged under the... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Minnesota on
Q: Employment law. Forced to resign by Target corp due to severe mental health issues.

I was recently forced to resign from my position after I was on a leave that was approved by my director and human resources. I had a newborn baby in May 2023 and my wife develop to severe postpartum depression in that caused me Develop severe depression, panic attacks and horrible anxiety that... View More

Robert Kane
Robert Kane
answered on Apr 8, 2024

This is matter you will need to discuss directly with an attorney to determine whether you have any viable claims. Your inability to perform your job is a concern. Your disability needs to be diagnosed. Your conclusions will need to be supported. The expense required to represent you will be... View More

1 Answer | Asked in Contracts, Business Law and Internet Law for Minnesota on
Q: I signed a contract for web and AI services, and emailed to cancel less than 24 hrs later--no luck so far

The company (located in NY) initiated the sales call, after regular hours here in MN, high-pressure sales/FOMO, and I was talked into signing a contract (3/27/24 at 8:20pm CDT) and paying the first month's fee of $499. Great-sounding contract with 60-day, 10 new patient referral guarantee. I... View More

James L. Arrasmith
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answered on Apr 6, 2024

Based on the information you've provided, here are some steps you can take to resolve this situation:

1. Review the contract: Carefully read the contract you signed to see if there are any clauses related to cancellation, refunds, or a cooling-off period.

2. Send a formal...
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3 Answers | Asked in Civil Litigation and Contracts for Minnesota on
Q: I loaned my dad and step mom around $170,000

I loaned my dad and step mom around $170k so they could get a home when I was 17. They ended up getting divorced and selling the house. This was 15 years ago but I was wondering if there is any legal action I can take

James L. Arrasmith
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answered on Apr 2, 2024

In this situation, there are a few important factors to consider before determining whether you can take legal action:

1. Statute of Limitations: The time limit for filing a lawsuit varies by state and the type of claim. After 15 years, it's possible that the statute of limitations has...
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3 Answers | Asked in Civil Litigation and Contracts for Minnesota on
Q: I loaned my dad and step mom around $170,000

I loaned my dad and step mom around $170k so they could get a home when I was 17. They ended up getting divorced and selling the house. This was 15 years ago but I was wondering if there is any legal action I can take

Robert Kane
Robert Kane
answered on Apr 3, 2024

The most glaring fact in your post is you were only 17 when you made the loan. There are few scenarios in which you could have made a loan, but there are an infinite number of possibilities of other occurrences. You need to contact attorneys with a clear and concise description of what exactly... View More

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1 Answer | Asked in Landlord - Tenant for Minnesota on
Q: Tenant wins case ,the case got dismiss, in Minnesota due to the fact, landlord receive money twice in January

The fitness remain in property. Where do they go from there as far as written survey give all notices of repairs

James L. Arrasmith
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answered on Mar 31, 2024

If the tenant won the eviction case and it was dismissed due to the landlord receiving rent payments twice in January, the tenant has the right to remain in the property. Here are the next steps the tenant should consider:

1. Request a written repair request form: The tenant should ask the...
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1 Answer | Asked in Traffic Tickets for Minnesota on
Q: My son was killed by a 16 year old driver, who is only being charged with FAILURE TO MAINTAIN A SINGLE LANE violation.

The Accident Reconstruction Report, the Crash Report, the Field Report and 2 eyewitness statements are available, and all show that the 16 year old driver crossed over the center line causing the accident. The eyewitness reports specifically state that it appeared to be intentional, with the 16... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 31, 2024

There is nothing you can do for force the county attorney to charge out any particular offense. You can certainly voice your opinions on what you believe should occur in the case, but ultimately, the County Attorney has the ultimate authority of what, if anything, to charge out in this case.

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 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 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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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

Thomas C Gallagher
Thomas C Gallagher
answered on Mar 21, 2024

You might consider an effort to avoid a criminal "conviction." That would be valuable, in the future. It may be a possible to resolve the case in a way to avoid conviction, usually involving a period of compliance with agreed and ordered conditions. You can discuss this with your lawyer.

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