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Minnesota Questions & Answers

1 Answer | Asked in Estate Planning and Real Estate Law for Minnesota on

Q: Can a title be transferred to a Trust at closing after a seller has pre-signed paperwork?

The seller won't be at closing and pre-signed all paperwork but the title needs to be transferred to a trust without ever being put into the name of the buyer. It needs to go directly into a Trust. Can this be possible if the seller pre-signed?

Nina Whitehurst answered on Aug 24, 2019

If the seller has already signed the deed to the buyer, then no, not without having the seller sign a deed directly to the trust instead, and if you are going to do that, then there are other papers that will need to be signed and some redone as well. There needs to be an assignment of escrow from... Read more »

1 Answer | Asked in DUI / DWI for Minnesota on

Q: who do you contact to have a MN DL suspened for an UI in WI? person has lived 8 yrs in WI but just renewed MN lic?

A PERSON living in WI for 8 yrs, has WI vehicle plates and WI business, but still drives w a MN DL who has no home in MN but has a business in MN but does not live or go to business maybe 30 days a year.

said person gets a WI OUI with a minor in vehicle with a breathlizer done 3 to 4 hrs... Read more »

Jonathan Matthew Holson answered on Aug 22, 2019

If you have lived in WI for 8 years, you should have long ago gotten a WI license. But that is a separate issue. WI will suspend your privilege to drive in WI. MN will then honor that suspension. So your MN license will get revoked. You will have to go through the process of getting your... Read more »

1 Answer | Asked in Estate Planning and Probate for Minnesota on

Q: Adopted sister and possible lack of a will

She was adopted as a baby and is now 42. If she doesn't have a will, or that her wishes are spelled out, will her biological mother/siblings be entitled to what she owned after she passes away, or would it go to her adopted family?

Joshua Damberg answered on Aug 20, 2019

If someone passes away without a Will, they are deemed to have died Intestate. Minnesota then sets forth a "default estate plan" for the person. This default plan basically sets forth that the persons closest living family members have priority to act as the Personal Representative (or Executor)... Read more »

2 Answers | Asked in Uncategorized for Minnesota on

Q: I had a general mills cereal bar with metal wire like things. They want me to send it to them. Should I or get a lawyer?

I bit into bar and it felt like little pins in my mouth. My gum on bottom was bleeding and top denture got poked in just the right spot and now it's cracking.

Lucas Wynne answered on Aug 19, 2019

Bring it to a lawyer

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1 Answer | Asked in Traffic Tickets for Minnesota on

Q: Is there a length of time the state of Minnesota, anoka county specifically, has to collect a fine if I dont pay it?

I went to get my Florida drivers license but was refused because of a fine that went supposedly unpaid from 2011, 8 years ago. But I was issued a license from Minnesota and traded it for Texas when I moved. 7 years later, Florida wont licence me because of an old fine.

Thomas C Gallagher answered on Aug 19, 2019

I'm not aware of any legal time limit. There might eventually come a time when they let it go. Maybe. But generally if one state revokes or suspends a drivers license,that driver won't be able to get another in a new state; until they clear it in the original state. If it were me, I'd need to... Read more »

1 Answer | Asked in Estate Planning and Probate for Minnesota on

Q: My sister aka executer of my dad's will is not giving me my portion dad has a pension in one account for $35k and $35k

In his personal bank account. She said that in a few years when she is in a lower tax bracket then she would give it out. Nothing went to probate and has done not followed thru with her fiduciary duties. He passed in 2017. Can creditors come this late collect any monies?? This has been difficult... Read more »

Joshua Damberg answered on Aug 15, 2019

This question should be reviewed in detail by a probate attorney. The largest issue here is probate assets versus non-probate assets. While your sister may be the Executor of the Will, this only extends to probate assets (or assets in your father's name alone with no beneficiary designations when... Read more »

1 Answer | Asked in Estate Planning for Minnesota on

Q: I am presented with receipt and release to release the executor. I don't trust her. Do I have to sign?

I don't have a formal complaint. But what if I find out months after I sign that she stole from the estate?.

Joshua Damberg answered on Aug 15, 2019

Prior to signing a receipt and release of the Executor (or Personal Representative), a beneficiary of the estate has the opportunity to review a detailed accounting of the estate. An accounting should set forth the probate assets and the payments made by the estate. These payments can include... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on

Q: can I a 16 year old tell someone who is a bad influence to my mother and siblings to stay out of the house?

So I'm 16 and my mom has a vary abusive boyfriend (not physically) and he just threatened to and I quote "ring his little neck. " (my brothers 18 and hes 31) is it possible to get him out of the house for good?

Jonathan Matthew Holson answered on Aug 12, 2019

No. You cannot tell him to stay out, but you could certainly apply for a harassment restraining order or order for protection if one is warranted. That would be your best avenue to keep him out of the home.

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1 Answer | Asked in Criminal Law for Minnesota on

Q: In MN, if you plead guilty on advice from attorney, can you file an appeal / post conviction?

The person did not commit the crime, it was told to tak the plea, admit guilt to avoid going to trial and chance being sentence longer. Can the person file an appeal or a motion for post conviction

Thomas C Gallagher answered on Aug 10, 2019

Yes, it's possible though such an appeal motion maybe time barred if not made soon enough. Under most circumstances, a court will not allow withdrawal of a plea or a new trial after a plea. But it would depend upon the facts of the particular case.

3 Answers | Asked in Traffic Tickets for Minnesota on

Q: My son (28 yrs old) was in an accident and was mailed a ticket for failure to yield to right away.

The box was checked endangerment of life and/or property He was turning left on a flashing yellow arrow and did not see the vehicle coming the other direction. He was clearly in the wrong. Both vehicles involved are commercial motor vehicles. The other driver was taken by ambulance and... Read more »

Thomas C Gallagher answered on Aug 8, 2019

If you look at the Register of Actions for the case on the Minnesota courts website using the citation number or court file number, you'll likely see that it's a misdemeanor criminal charge. Some traffic violations are charged as crimes. The maximum penalty for a misdemeanor is 90 days jail.... Read more »

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1 Answer | Asked in Family Law for Minnesota on

Q: Can a predatory offender, that has to register for life, get unsupervised visits with their children?

I am going through a custody situation, after having child support raised. I was given sole legal and sole physical custody in 2011. I had child support raised in December 2018 and a month later I was served with custody papers. My daughter is 9 and her Biological dad is a registered predatory... Read more »

Lucas Wynne answered on Aug 7, 2019

You should get an attorney who cares about your daughter's safety - and pronto.

1 Answer | Asked in Sexual Harassment for Minnesota on

Q: My 11yr old son sexually touched my 5yr old niece he is going to have court and I don’t know what to do.

I understand he did wrong but he is only a child too and I’m scared of what the court decides. I feel like I need a lawyer maybe?

Lucas Wynne answered on Aug 7, 2019

Juvenile delinquency proceedings in Minnesota are similar but different from adult criminal proceedings. The basic procedure (discovery, plea bargaining, trial, etc.) apply, but younger juveniles often have better opportunities for rehabilitation and to avoid future problems. But to get a fair... Read more »

2 Answers | Asked in Traffic Tickets for Minnesota on

Q: can you be arrest for not sign a ticket in Minnesota and why?

Jonathan Matthew Holson answered on Aug 2, 2019

This question is awfully vague and consequently cannot be answered intelligently. Can you provide more information?

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2 Answers | Asked in Trademark for Minnesota on

Q: TM search & no results, google search showed 2 others with Instagram accts w/ same name

The 2 hits on google were Instagram accts; one created last month and the other 4/2017. I started mine late 2016 early 2017. One is a graphic designer who created a logo for a "client" but then this month after contacting me about same name, listed shirts for sale on his Instagram acct. The other... Read more »

John Martin Hilla answered on Jul 31, 2019

Respectfully, you seem to be seeking the assurance of an attorney that your proposed trademark is "safe" for purposes of a trademark registration application without actually hiring or paying for an attorney--and without disclosing what that proposed mark actually is.

You are not going to...
Read more »

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2 Answers | Asked in Traffic Tickets for Minnesota on

Q: Son driving my car in MN Pass lane, didn't know the transponder was off. Stopped and ticketed. Options to contest?

Thomas C Gallagher answered on Jul 31, 2019

I would try to determine if this is a violation that could trigger a license revocation (if too many within a year, for example), or an increase in insurance rates. If so, I would set a goal of keeping it off my driver's license record. The way to do that is through the court - by preventing a... Read more »

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1 Answer | Asked in Family Law and Child Support for Minnesota on

Q: Explain child support a bit more in depth; like what would child support cover? Would rent count as being covered?

Or any other bills in the household that he doesn’t live at be counted?

Corwin Kruse answered on Jul 31, 2019

Child support in Minnesota is set by statute. If you google Minnesota Child Support Calculator, you can input your information and get a presumptive child support amount. The court can deviate, but needs to explain why if it does so. Basic child support is meant to be a contribution to basic... Read more »

2 Answers | Asked in Criminal Law for Minnesota on

Q: How do I initiate a court hearing to take care of a warrant without turning myself in?

Need to set up a court hearing without turning myself in. Case is in MN, I reside in SD and have absolutely no way there. I was “formally charged” by complaint warrant for a crime I did not commit. I have stable job, stable home, and have absolutely no way to get to MN to even do such as I... Read more »

Jonathan Matthew Holson answered on Jul 30, 2019

Your only option is to get an attorney on board. But if you are innocent, the matter will likely require a trial. That means coming back to MN.

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1 Answer | Asked in Child Custody, Divorce and Family Law for Minnesota on

Q: What is the fastest and nicest way of divorce and child custody?

My husband goes back and forth telling me that he wants the nicest divorce and child custody but the next time it is brought up that he will drag out the divorce the longest and expensive way as possible. Is there a way to get it done fast and nicely as possible, when he is against getting advice... Read more »

Corwin Kruse answered on Jul 29, 2019

"Fastest and nicest" is a pretty subjective goal. More importantly, fastest and nicest may not be "best"; rather it may simply be agreeing with everything that the other person wants. As a SAHM, you would potentially receive some level of spousal maintenance. In addition, you could ask that your... Read more »

1 Answer | Asked in Criminal Law and Landlord - Tenant for Minnesota on

Q: I need help regarding an unlawful Detainer I need to file. I want to know what to say or not say in court.

I have someone who lives above my garage. I gave him thirty days notice to vacate. I'm tired of his drunken behavior. He has not even packed. He is waiting to see what I do. I want to file an unlawful Detainer. I want him out.

Thomas C Gallagher answered on Jul 27, 2019

This is not a criminal law question. It is a landlord-tenant law question.

1 Answer | Asked in Construction Law and Environmental for Minnesota on

Q: Looking for advice on what/if any action I could take against a contractor for lead exposure.

I had a home renovation done ~2 years ago where the contractor removed some siding that has high lead levels in the paint. Fast-forward to today, my (new) daughter's lead test came back high (8.6). I'm trying to figure out what, if any, steps I could take against this contracting company for their... Read more »

Tim Akpinar answered on Jul 27, 2019

I'm sorry for the high lead levels your daughter exhibited. You could contact a Minnesota injury attorney to discuss the matter in further detail, and it would be preferable if the attorney was experienced in toxic tort type of matters, involving exposure to hazardous substances. Given the passage... Read more »

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