Minnesota Questions & Answers

Q: Ok I was in a car accident where the other driver was issued a careless driving ticket and police report says I wasn't a

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Minnesota on
Answered on Dec 14, 2018
Peter Munsing's answer
They'd better. However if you were hurt you may have a claim for your injuries that should have been made part of the case.

Q: What happens if we can't locate my mom's will after she passes?

1 Answer | Asked in Estate Planning for Minnesota on
Answered on Dec 11, 2018
Scott Maki's answer
Unfortunately, if you cannot find her Will, her estate will be treated as if there never was a Will. Her estate will then follow the MN rules of Intestate Succession.

Here is a link to the MN Rules, if that helps: https://www.revisor.mn.gov/statutes/cite/524.2-101

Thanks for the question and Best Wishes!

Q: I am a woman who purchased a house with a man. The deed was written as tenants in common. After we purchased the house

1 Answer | Asked in Probate for Minnesota on
Answered on Dec 11, 2018
Joshua Damberg's answer
The issue with your question is the title/ownership of the property in question.

You state that you owned the property as Tenants in Common with your deceased husband. Tenants in Common own a divided interest or separate interests in property. In the above scenario, you would own 50% and your deceased husband's estate would now be responsible for distributing the 50% that he owned during his lifetime. This would likely be controlled by his Will or, if he had no Will, Minnesota's...

Q: I'm 78, own no property, have no debts, and am relatively healthy. Do I still need to make a will?

1 Answer | Asked in Estate Planning for Minnesota on
Answered on Dec 11, 2018
Joshua Damberg's answer
The answer to this question depends on what you would like to happen with your assets after you pass away. Minnesota does have a default estate plan for individuals who die without a Will. This process is called Intestacy. Basically, Minnesota law will assume that your closest living relatives are the people you would have selected to inherit from you if you would have made a Will. If you want someone other than your closest family to inherit from you, such as a more distant relative, a friend,...

Q: was in a work release facility back in 2016 i "escaped" Can we work this out I'm a resident of Minnesota

1 Answer | Asked in Criminal Law and Probate for Minnesota on
Answered on Dec 11, 2018
Thomas C Gallagher's answer
You may want to check to see if there is an active warrant. If not, it may be best to let it ride unless there is a reason not to. If there is an active warrant and you need it cleared, you'll need to turn yourself in and get booked in order to clear the warrant and get a court date. After that, your lawyer can help you resolve the case favarably.

Q: So how would you know your crime is a petty Misdemeanor or Misdemeanor?

1 Answer | Asked in Criminal Law for Minnesota on
Answered on Dec 11, 2018
Thomas C Gallagher's answer
One way is to look up the statute charged, by section number. It should say the penalty in the statute. Most traffic violations are petty misdemeanors, but some can be charged as misdemeanors. Or call me!

Q: I stole $47 of clothing, but have a clean record. How would I negotiate it down to just a petty misdemeanor?

2 Answers | Asked in Criminal Law for Minnesota on
Answered on Dec 11, 2018
Jonathan Matthew Holson's answer
You can either hire private counsel or apply for a public defender. Your attorney can then negotiate with the prosecutor to have the matter reduced down from a misdemeanor

Q: I stole $47 of clothing. I had a clean record before this. I have a court hearing next month. What will happen?

2 Answers | Asked in Criminal Law for Minnesota on
Answered on Dec 11, 2018
Jonathan Matthew Holson's answer
The charge starts out as a misdemeanor. My hope would be that you can negotiate it down to a petty misdemeanor which is not a criminal offense. I would suggest bringing funds with you to the court date to pay off the restitution and that should increase the likelihood that you can get it reduced. A petty misdemeanor is not a criminal offense and does not go on your record.

Q: i still owe obamacare penalty from 2015. will trump tax reform eliminate that penalty in 2019?

1 Answer | Asked in Tax Law for Minnesota on
Answered on Dec 10, 2018
Linda Simmons Campbell's answer
It is not retroactive so you will still owe the penalty. Did you look into whether you were exempt?

Q: Is it possible to get a $1600 payment to a creditor returned to us after filing a chapter 13 bankruptcy?

1 Answer | Asked in Bankruptcy for Minnesota on
Answered on Dec 8, 2018
Timothy Denison's answer
The Trustee will recover the payment as a preference but it will likely remain with the trustee unless the plan is 100% repayment.

Q: So my boyfriend is in jail, he went to court and was released w/o having to pay. It was put in the system incorrectly

2 Answers | Asked in Criminal Law for Minnesota on
Answered on Dec 7, 2018
Jonathan Matthew Holson's answer
There should be a written release order signed by the judge. You need to get a hold of that because that will indicate what the Court actually ordered.

Q: My boyfriend drove my car drunk and got in an accident. Will that affect my car insurance?

1 Answer | Asked in DUI / DWI for Minnesota on
Answered on Dec 3, 2018
Jonathan Matthew Holson's answer
No. The insurance is affected by the person driving the vehicle - ie. your boyfriend, rather than the fact that the vehicle was involved in an accident.

Q: There is a bad snow storm happening with significant wet snow. I was trying to make the turn onto my street.

1 Answer | Asked in Traffic Tickets and Car Accidents for Minnesota on
Answered on Dec 1, 2018
Thomas C Gallagher's answer
You could call and check with police. Whether they want to respond directly may depend on the amount of damage to the sign pole. You may want to check with your insurance company to see if you have coverage, and whether they need a police report. They might not other than a hit & run hitting you. Minnesota law may require you to file a Motor Vehicle Accident Report depending on the amount of damage. You could check with the Minnesota Department of Public Safety website for more on that....

Q: Do I have any recourse if the design team I am working with excludes me from a patent?

1 Answer | Asked in Intellectual Property for Minnesota on
Answered on Nov 30, 2018
Griffin Klema's answer
If you made an inventive contribution to a patent, then you cannot be excluded from it. However, improper inventorship on an issued patent can cause the patent to be unenforceable. For that reason, patent attorneys and companies generally try to make sure all inventors are included on an application. If you have been excluded, and you truly believe you contributed to an INVENTIVE element of the patent/application (i.e. not just working on some aspect of it, but actually discovered something), I...

Q: I'm going to be charged with felony wrongfully abstaining public assistance due to not reporting earned income /55000

1 Answer | Asked in Criminal Law and Public Benefits for Minnesota on
Answered on Nov 28, 2018
Thomas C Gallagher's answer
Executed jail time is unlikely for a first-time offender convicted of a low-dollar value theft crime. If it did happen, it would likely be short time. It can help in these cases to pay the money back, though it's best to do that through your attorney. Avoid making any statements or consenting to any search prior to consulting a criminal defense lawyer first. If you think you might qualify, apply for the public defender.

Q: Can a theft of $70 considered a petty Misdemeanor or Misdemeanor? Please help me out, really wanna know! Thank you

2 Answers | Asked in Criminal Law for Minnesota on
Answered on Nov 27, 2018
Jonathan Matthew Holson's answer
As of now it is a misdemeanor charge. You would have to negotiate it down with the prosecutor to get it treated as a petty misdemeanor.

Q: What would be your conviction for theft? And What is considered as petty Misdemeanor or Misdemeanor?

2 Answers | Asked in Criminal Law for Minnesota on
Answered on Nov 27, 2018
Jonathan Matthew Holson's answer
A petty misdemeanor does not carry stayed or actual jail time - only a fine. It does not go on your criminal record. A misdemeanor carries a maximum sentence of 90 days in jail and a $1,000 fine.

Q: What are the charges if you pleaded guilty for theft of $70.

2 Answers | Asked in Criminal Law for Minnesota on
Answered on Nov 27, 2018
Jonathan Matthew Holson's answer
I am somewhat unclear on what you are asking, but your conviction would be for theft. Unless the charge was reduced it would be a misdemeanor and carry a maximum sentence of 90 days in jail and a $1,000 fine.

Q: I filed a formal harassment claim and my boss was found to be guilty. He was able to keep his job and is still my boss

1 Answer | Asked in Sexual Harassment for Minnesota on
Answered on Nov 27, 2018
Emre Polat Esq.'s answer
Yes, it could be. Are you still reporting to him? What the extent of the sexual harassment? Consider a consultation for a case evaluation.

Q: What type of circumstances would warrant having to go to jail after driving above the speed limit?

1 Answer | Asked in Traffic Tickets for Minnesota on
Answered on Nov 27, 2018
Thomas C Gallagher's answer
It's difficult to imagine circumstances where a person would be sentenced to jail time for speeding alone. First, it's likely that 99% of all speeding tickets are petty misdemeanor charges. The maximum penalty for a petty misdemeanor in Minnesota is a fine only; no jail time at all is possible. Less than one percent of speeding tickets may be charged as a misdemeanor, which means a maximum penalty of a fine and 90 days of jail. But it's rare for anyone to get sentenced to the maximum jail...

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.