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Minnesota Family Law Questions & Answers
1 Answer | Asked in Estate Planning and Family Law for Minnesota on
Q: Family cabin. Parents passed. Deed transferred to three siblings, 25%, 25% and 50%.

50% sibling died. Cabin was obtained pre-marital. Does widow get 50% or does it fall back on the deed owners.

Anthony M. Avery
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answered on Oct 27, 2023

Hire a MN attorney to search the title and determine ownership. You have not stated the necessary facts.

1 Answer | Asked in Family Law and Adoption for Minnesota on
Q: My ex wife and her new husband Adopt my daughter I did Not Give up my parental rights I never received nothing in court

I know that I wouldn’t brelinquish my parental rights For nothing in the world so for this to happen is pretty devastating But more so it’s not right for someone to literally take someone’s child

Robert Kane
Robert Kane
answered on Oct 23, 2023

In most situations, you would have been notified. You can likely contest the adoption.

1 Answer | Asked in Divorce and Family Law for Minnesota on
Q: Can I ask that she take a lie detector test? Or anything . She uses this for leverage

If I'm being held in contempt for not providing all the ATM withdrawal dispositions. Why can't I ask the same?

Robert Kane
Robert Kane
answered on Oct 4, 2023

A lie detector test isn't worth a thing. You can request information as well. I am sorry, but it doesn't seem you have a good grasp of what is happening. The court has information on its website and the law library is a great resource. Obviously, an attorney would be advantageous.

1 Answer | Asked in Divorce and Family Law for Minnesota on
Q: My spouse is trying to get a protection order on me,went to court I requested a lawyer on my behalf and they denied me.

My wife was present and her lawyer and I was in jail for threatening her and next morning I was in court they got granted the order but I feel I was denied my rights and nobody cares.

Robert Kane
Robert Kane
answered on Sep 26, 2023

The United States and Minnesota Constitutions both establish the right to an attorney for anyone facing a charge punishable by “loss of liberty.” This would not apply to protective orders.

1 Answer | Asked in Family Law for Minnesota on
Q: How do I request a debt compromise agreement for child support arrears in south dakota? Is a judgement needed?

I'm the the custodial parent living in minnesota. The case is based in south dakota. The child will turn 18 in 11 months and the arrears owed is almost $25,000.

Robert Kane
Robert Kane
answered on Sep 13, 2023

It seems South Dakota has jurisdiction.

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: Can I see my daughter if there is no paperwork against me.

My ex has a ofp against him and there is no custody order for me.

Robert Kane
Robert Kane
answered on Aug 28, 2023

If there's no OFP concerning you, you should be able to see your daughter.

1 Answer | Asked in Family Law for Minnesota on
Q: I need to relocate from MN to MA where family is. Currently have shared custody, 2 young children. Father refuses.

Numerous attempts made to have productive resolution with Father. Mediation attempted and failed.

Father has attorney. Mother can not afford one. Mother is 26 weeks pregnant with twins. High risk pregnancy. Wanting to move back with family. Mother has no support system in MN.

Father... View More

Robert Kane
Robert Kane
answered on Aug 14, 2023

You don't ask a question. Are expecting attorneys on the internet to give you the go ahead? Is there are reason your Massachusetts support system cannot help you pay for an attorney?

1 Answer | Asked in Family Law and Real Estate Law for Minnesota on
Q: How to find it a sibling executor of estate anonymously bought the family home

Sibling executor in CO surreptitiously sold family home in WI without conferring with siblings, or putting it on the market. Sale was handled by her son a commercial real estate agent not licensed in WI and sold for 125k under market value to commercial flipper. Sibling refuses to explain... View More

Robert Kane
Robert Kane
answered on Aug 5, 2023

This seems like it needs to be addressed in CO and/or WI.

1 Answer | Asked in Family Law for Minnesota on
Q: Ex wife wants to file a motion requesting I pay child support and claim child for taxes.

Volunteered/agreed to have child stay with her at her convenience and best interest instead of 50/50 as agreed upon in divorcé degree. Now wants me to pay child support. Have child live me for next two years and pay full support and back pay child support for past 2 years. I never failed or... View More

Corwin Kruse
Corwin Kruse
answered on Aug 3, 2023

Unless and until you stipulate (or the court orders) otherwise, the divorce decree governs. She cannot get additional back support and you cannot count voluntarily payment of expenses toward support.

2 Answers | Asked in Divorce, Child Custody and Family Law for Minnesota on
Q: I am looking for someone to help with my significant other and his ex she does not follow the decree and breaks the rule

She has taking the kids to numerus medical tests that are un needed wont communicate and with holds medical information from him all the time. schedules appointments with out talking or notifying him for medical reasons and extracurricular. we need she wont work with us and we cannot get the court... View More

Robert Kane
Robert Kane
answered on Jul 21, 2023

He has several options when the other parent isn’t following a court order. He should contact family directly to find one willing to work with him. Some attorneys are affordable. Some attorneys are not.

Limited-scope representation is when you and a lawyer agree that the lawyer will...
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1 Answer | Asked in Family Law for Minnesota on
Q: If I spend $ from a personal account to pay debt related to joint acct, will my personal account be considered comingled

I am expecting an inheritance. I intend to put this money into a personal account, with my name on it only. However, I intend to spend some of my inheritance to reduce my mortgage and/or pay off my Home Equity Line of Credit, which is jointly held by myself and my wife. If I do so, is any... View More

Corwin Kruse
Corwin Kruse
answered on Jul 17, 2023

If you can trace it and keep it in a separate account, it would not be considered commingled.

Unless you need to pay down the debt now, it may be beneficial to wait until after the divorce is finalized.

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: Clarification of parenting time on July 4th holiday since it is midweek

The parenting agreement says ‘4th of July and adjacent weekend (if midweek - Tuesday, Wednesday, Thursday - from 9a.m. to on 7/4 to 9 a.m. on the 5th). Since this year the 4th of July falls on a Tuesday, does it include an adjacent weekend or the midweek stipulation of 9am from the 4th to 9am on... View More

Corwin Kruse
Corwin Kruse
answered on Jun 29, 2023

It would be the midweek schedule. That is specifically differentiated from years when July 4 falls directly adjacent to a weekend.

1 Answer | Asked in Family Law and Domestic Violence for Minnesota on
Q: brother spanked my kid, I don't spank, he knows it. It wasn't warranted, just in anger. I wasn't there. What do I do?

My kid was visiting her grandmother and my brother was there also. I don't want my kids around him period but he was there without my knowledge. My mother doesn't seem to be bothered by this but she also never had a problem hitting or screaming at me as a child either. I was in an abusive... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jun 20, 2023

You could certainly contact law enforcement. You could apply for an OFP against your brother on behalf of your child. You could choose to keep your child away from your mother and brother. You have a multitude of options here. You just need to decide how you want to approach this situation.

1 Answer | Asked in Family Law for Minnesota on
Q: Can cps right a closer letter and not use everyone’s legal name in the state of Minnesota .

Can cps right a closer letter and not use everyone’s legal name in the state of Minnesota . So for instance . Human services have received a report stating that your child may have been sexually abuse by cookie. When cookies name is really Jain doe and they already know that because they have had... View More

Robert Kane
Robert Kane
answered on May 6, 2023

I believe "cps [can] right a closer letter and not use everyone’s legal name in the state of Minnesota." In some cases protecting someone's identity may be important.

I am sorry, but it's hard to determine what exactly occurred. Apparently, CPS closed a case involving...
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1 Answer | Asked in Estate Planning, Family Law and Probate for Minnesota on
Q: If decedent's property is less than 75K, will a collection of pers property affidavit work for access to bank accounts?

I live in Texas, my father lived and died in Minneapolis MN. I want to know if I can use the affidavit for collection of Personal Property to access his bank account, vice filing applying for an informal appointment of a Personal representative?

Neil P Thompson
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Neil P Thompson
answered on Feb 9, 2023

The short answer is Yes. The long answer is you must comply with Minnesota Statutes § 524.3-1201. It must be 30 days since your father passed away and there cannot be an open or pending probate case having been filed.

1 Answer | Asked in Family Law and Health Care Law for Minnesota on
Q: My mother , ssi income, is being taken to court by a nursing home where my father stayed .

We have records showing they were paid by insurance co. As well as other extenuating issues. I think she should have someone helping her with this but she’s on a very limited income.

Tim Akpinar
Tim Akpinar
answered on Aug 7, 2022

A Minnesota attorney could advise best, but your question remains open for three weeks. One option here could be to look into whether pro bono or legal aid resources could assist here, due to your mother's financial hardship. You could also check with the Minnesota Bar Association. You could... View More

1 Answer | Asked in Family Law and Tax Law for Minnesota on
Q: If I’m getting child support and I’m the only one caring for child is the other parent allowed to claim child on taxes
Corwin Kruse
Corwin Kruse
answered on Jul 23, 2022

If the issues is not addressed in the decree, IRS rules govern. The parent with the child the majority of the time gets to claim the child. If both parents have equal time, the parent with higher income claims.

1 Answer | Asked in Adoption, Child Custody and Family Law for Minnesota on
Q: Hello, I have been taking care of my nephew, every weekend, since his birth( he is 2.5). What could I do to legally

A guardian, his mother does not work, and really does not provide for him.

Corwin Kruse
Corwin Kruse
answered on Jul 14, 2022

You could bring a motion for custody as a de facto custodian, if you’ve cared for the child at least six months in the last 24 (need not be consecutive), however the statute also requires that you be the “primary” caregiver. If the child is with you on weekends and with mom during the week,... View More

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: If I have a court order with my kids mom Already in place stating that I get her every other weekend

If my kid's mother withholds her is that considered contempt of court My daughter is 11 is she allowed to choose whether she comes to my house or not

Corwin Kruse
Corwin Kruse
answered on Jun 22, 2022

It isn’t generally handles as a contempt issue at this point. You would bring a motion to enforce the decree. If she still withholds her, you could then seek contempt.

You can also ask that she be ordered to pay your attorney fees.

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: can parent take minor out of state vacation without permission
Corwin Kruse
Corwin Kruse
answered on May 29, 2022

It depends upon the language of the Judgment and Decree. If it says nothing, you are generally free to take them. The Decree may still require you to notify the other person and provide contact information for everywhere you’re staying.

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