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Minnesota Questions & Answers
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.

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

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

2 Answers | Asked in Car Accidents, Personal Injury and Wrongful Death for Minnesota on
Q: Can my company be sued if a patient leaves children in her car and something happens to them?
Tim Akpinar
Tim Akpinar
answered on Jul 8, 2024

It could possibly depend on additional details. A local attorney should advise on any state-specific aspects. But as a general matter, if you mean your company is a medical office and a patient comes in while leaving their children in a car, the short answer is that it is something outside your... View More

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Q: Should I participate in a competency to proceed evaluation with a psychiatrist that is not licensed in my state?

I have waited 113 days for an evaluation to take place and finally a doctor called me to do a video conference to complete the evaluation. I have found that she is a licensed psychiatrist but is not licensed in this state only in two other states does this seem like a legitimate situation? I... View More

James L. Arrasmith
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answered on Jun 29, 2024

This is a complex situation that raises several important legal and procedural concerns. Here's an analysis of the key points:

1. Competency evaluation timing: The 113-day wait for your evaluation is significant. Many jurisdictions have specific timeframes for competency evaluations,...
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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 Immigration Law for Minnesota on
Q: I am Mexican, I have a visitor visa. How can I move in with my MN based boyfriend?

I am currently in Mexico right now. We have been together for almost three years now (long distance) and it’s time we settled down for good to start building our lives together, I’d like to know what are my options to make it work? Thank you!

James L. Arrasmith
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answered on Jun 18, 2024

As a Mexican citizen with a U.S. visitor visa, you have a few options for moving in with your boyfriend in Minnesota, but it's important to follow the proper legal procedures. Here are some possibilities:

1. Get married: If you and your boyfriend decide to get married, you can apply...
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2 Answers | Asked in Immigration Law for Minnesota on
Q: I am Mexican, I have a visitor visa. How can I move in with my MN based boyfriend?

I am currently in Mexico right now. We have been together for almost three years now (long distance) and it’s time we settled down for good to start building our lives together, I’d like to know what are my options to make it work? Thank you!

Stephen Arnold Black
Stephen Arnold Black
answered on Jun 18, 2024

If you’re inside the US, he can sponsor you to adjust status for your green card after you get married. There is an issue of “intent” when you enter the US with a visitor visa as to whether you’re intending to visit or stay permanently. Sometimes the officer will ask you questions and look... View More

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1 Answer | Asked in Gov & Administrative Law for Minnesota on
Q: I got pulled over the same day I bought my truck so my insurance shows my old car. Will that work for the court?
Tim Akpinar
Tim Akpinar
answered on Jun 16, 2024

A Minnesota attorney could advise best, but your question remains open for a week. Double-check that with an attorney experienced with the traffic court protocols of your state. Unfortunately, in many places, producing a card is not sufficient any longer. The court may require a letter from the... View More

2 Answers | Asked in Civil Litigation for Minnesota on
Q: Who would be responsible for my vehicle& it's contents if tow yard crushed it without notifying me in Minnesota?

My vehicle was taken without my knowledge or consent, then found by cops whom had it towed as an abandoned vehicle. The tow yard then crushed it without notifying me. I was out of town for a few weeks when I returned & discovered it was gone I called to report it stolen and that's when the... View More

James L. Arrasmith
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answered on Jun 15, 2024

In Minnesota, if a tow yard crushes your vehicle without properly notifying you, they could be held responsible for the loss of your vehicle and its contents. The law typically requires that owners be notified before such actions are taken, especially when a vehicle is considered abandoned.... View More

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2 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: Can they charge me separately give me two different charges for the same pull over stop or should they be together.

I got pulled over got a 5th degree and a dui. They charged me a year later and also they charged me separately a week apart dui charge then 5th degree a week later so now I’m on probation for one and bail for the other. I have no criminal history and I know they’re doing this on purpose THE... View More

Sarah Gad
Sarah Gad
answered on Jun 11, 2024

It sounds like you were pulled over on suspicion of a DUI and the police officer searched the car and allegedly discovered a controlled substance in the vehicle. It is pretty atypical for someone to be charged separately for alleged offenses arising from the same incident, but it is permissible and... View More

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2 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: Can they charge me separately give me two different charges for the same pull over stop or should they be together.

I got pulled over got a 5th degree and a dui. They charged me a year later and also they charged me separately a week apart dui charge then 5th degree a week later so now I’m on probation for one and bail for the other. I have no criminal history and I know they’re doing this on purpose THE... View More

James L. Arrasmith
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answered on Jun 21, 2024

I understand you're in a difficult situation and feeling frustrated with the legal process. While I can't provide specific legal advice, I can offer some general information and suggestions that may be helpful:

1. Multiple charges from one incident: It's not uncommon for...
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1 Answer | Asked in Insurance Bad Faith and Health Care Law for Minnesota on
Q: My wife has been on an IV treatment for her Ankylosing Spondylitis for nearly 20 years now. As my career/insurance prov

My wife has been on an IV treatment for her Ankylosing Spondylitis for nearly 20 years now. As my career/insurance provider has changed, she always goes through the painful prior authorization process. We are now with Anthem Blue Cross and they saying that this IV treatment is not medically... View More

Tim Akpinar
Tim Akpinar
answered on Jun 6, 2024

A Minnesota attorney could advise best, as health care and insurance laws could be state-specific. But I'll try to provide a general response, in the hopes of helping you consider what direction you could consider taking to avoid further delays in your wife's care. I'm sorry for her... View More

1 Answer | Asked in Immigration Law for Minnesota on
Q: What evidence to send for unpaid internship if I get an RFE for employment history when applying for STEM OPT?

I'm on F1 OPT now applied for STEM OPT. On initial OPT I have had two unpaid internship experiences, but all I have is employment verification letter from my previous employer stating my title, dates, hours, etc. If I get an RFE for employment history on STEM OPT, is this evidence enough? What... View More

James L. Arrasmith
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answered on Jun 3, 2024

If you receive a Request for Evidence (RFE) for your employment history while applying for STEM OPT, having employment verification letters from your previous employers is a good start. These letters should include your job title, dates of employment, hours worked, and a description of your duties.... View More

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

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