the exemption? The farms have been, and still are family farms now operated by my son. What kind of a trust would it have to be? Thank you
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 11, 2024
As a Minnesota resident, you can use trusts to help manage your estate and potentially reduce your estate tax liability. However, the specific type of trust and its effectiveness in reducing estate taxes will depend on various factors, such as the value of your estate, the nature of your assets,... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 10, 2023
In Minnesota, whether the townhome association or the individual unit owner is responsible for deck repairs or replacements typically depends on the terms of the association's governing documents, like the Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and Bylaws. Often,... View More
Co own a home and the other party has paid little to nothing towards the mortgage payment
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 22, 2023
If you sue for contribution, and get a judgment, you might try to collect some other way. A judgment lien against the home is a second lien against your own property although not against you personally. Executing a lien against the home might get the mortgagee upset and you would only be... View More
answered on Aug 29, 2023
Unfortunately, you have a problem,but you are not without hope. Upon divorce the property acquired during the marriage is distributed equitably. Upon the break up of unmarried couples the property goes to whomever bought it. Her name on the title and presumably the mortgage definitely are in her... View More
Brother in law buying farm from mother in law as contact for deed. He plans on demolishing the existing home and building a new one on the foundation. He has not paid off the property in full, so wondering if he's allowed to make these changes.
answered on Apr 4, 2024
A contract can provide for almost anything. The parties can also amend a contract if they want to change it.
My family owns a cabin in Baudete Mn. 4 siblings, my dad 1/4, My uncle 1/4, 1 aunt 1/4 and other aunt 1/4 owner of the cabin, now they all have died. So my aunt gave me her 1/4, My other aunt gave her 1/4 to my uncle, my dad has his 1/4…now my dad and uncle have just died, so we are in a... View More
answered on Mar 25, 2024
The are different ways to address this situation, but more information is required. Forgive me, but an analysis of ownership rights based on your specific presentation would time consuming and not something apt for a free online Q and A. I suggest you begin by researching "partition."
Our family home, a contemporary in excellent condition, was estimated to be worth 395-425k
At the time of my mother's death Zillow value was 410k The sibling executor of the trust sold the home for 249k to a flipper without conferring with other siblings, or putting it on the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 5, 2024
Hire a competent MN attorney to search the title. Then examine possible remedies.
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
Both a mortgage lien was agreed upon both parties with no promissory note; however also a gift letter was signed. Is the mortgage lien still valid with no promissory note
answered on Aug 1, 2023
A letter acknowledging a gift of real property will have little value.
answered on Jun 27, 2023
Minnesota is one party consent state. So a person in a resident's meeting with management can likely "record the meeting without the resident's permission." I am not going stick my neck out and offer an absolute "yes" or "no." I would never advise a client to do this.
Eagan attorney Minnesota
My father passed away without a will. The property went though probate and was finalized about a year ago. The property title had to go in to the 3 children names. How do we transfer the title to one of the children? Is a Quit Claim deed the hway to go or should we hire an attorney to do it?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 2, 2023
Hire as MN attorney to draft the Deed from whichever heirs are conveying to the one heir which will have fee simple title. The Derivation of Title clause will need to recite the Probate Case and who were decreed as the tenants in common.
Can a business hire an attorney to take care of the legal or court proceedures if needed to collect in Minnesota if so what percent can they charge for these services
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 2, 2023
Yes, a foreclosed homeowner can retain an attorney to recover surplus funds. From my NY perspective, the fee can be anything agreed upon, but one-third is customary here if it's done on a contingent fee basis.
I just need to know am I feeling out the appeal paperwork stating why I wasn't at the hearing or my at the hearing or my original reasons for wanting the hearing
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 26, 2022
You need to file a Motion to Set Aside a Default Judgment. Quickly. Hire a MN attorney to represent you as defending against losing possession is difficult.
The property is in my name only. Can't I leave the records alone if I plan to sell and then just have the court order proof when it's time to sell?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 18, 2022
You are not able to convey a deed to yourself. The new deed needs a derivation of title clause to the former name, then the acknowledgement contains your sworn statement you are the same person as both the old and new names. You could also put style of the name change case or divorce and docket... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 5, 2022
With the right facts and proof, he is authorized to do either or both causes of action. Hire a MN attorney to represent you.
I took out a 2nd mortgage in September of 2007 with Beneficial Loan and Trust. Shortly after this, they went out of business. I tried to make payments and contact them, but my payments were returned and was never able to get a hold of anyone. I waited for documentation of transfer, assumption,... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 19, 2022
More than likely the best course to take is to hire competent MN attorney to file a Quiet Title Action. Lapse of the SOL should be a strong argument that the Mortgage/Deed of Trust should not remain against the real property. You are asking the Court to declare the Lien released.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 11, 2022
You could but it would only be enforceable in Court. Hire a MN attorney for an Eviction action.
Refuses to sign seller agreement, do I have rights
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 18, 2021
You will need to file an action for a Partition if there is sufficient equity. If not, a sale may not be practical anyway.
The neighbor had the land surveyed and the crossing over the ditch and about 20ft of the the driveway is on their property they have also been farming about 300ft of our land on the opposite end. We have never asked or gotten permission as we thought the crossing was on our land and it is the only... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 4, 2021
It appears that you have a Boundary Dispute. You probably have the right to use the driveway by prescription, but the farming of your land could be serious adverse possession. Do not acquiesce to their farming on your land. Hire a competent MN attorney immediately. Both adjoining tracts now... View More
I have made mortgage payments, property tax payments, and added value to his home
answered on May 23, 2021
It is possible that you could have a claim, but it would not be in the family courts.
If you have evidence of the payments, you *might* be able to prove your claim in civil court. It is also possible, however, that the payments could be viewed as “rent” in exchange for living there.
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.
