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Minnesota Questions & Answers
1 Answer | Asked in Divorce for Minnesota on
Q: How is ESOP split in a MN divorce if my employer contribute 100% and I start3d it before I got married?

My esop growth has earned me nearly 4M over the last 25 years. At the time I was married, I had about 20k in it. Never put a penny into it. Is this an asset that is 100% mine or does this have to be split in a divorce?

Robert Kane
Robert Kane
answered on Oct 22, 2024

An attorney cannot provide a definitive answer in a free online Q and A. A recent court ruling may provide a change to the traditional distribution. The esop growth has earned nearly 4M over the last 25 years during the marriage. All property acquired by either spouse during the marriage is... View More

1 Answer | Asked in Civil Litigation for Minnesota on
Q: I need clarification on what this statute is insinuating 491A.01, subd. 3a(b). Does this pertain to credit cards?

I'm currently looking into a small claims suit and it sounds like in the state of MN, you cannot sue someone for more than $4,000 when it comes to credit cards, so I'm looking for clarification to make sure I'm understanding correctly.

Robert Kane
Robert Kane
answered on Oct 21, 2024

I believe it has do with conciliation court jurisdiction. You have to admit that it doesn't seem quite right if credit card companies couldn't sue for balances over $4,000.

1 Answer | Asked in Immigration Law and Criminal Law for Minnesota on
Q: Hello, I live in MN and I was caught shoplifting. I am on H-1B visa with approved I140. I have two main worries/question

The cops said they have issue with their system so they will send me the citation. They said it will be the lowest degree (not sure what that means). The claim was for stealing goods worth $78.xx.

1) As non-immigrant, how much of issue would it be once I start my I-485 process.

2)... View More

James L. Arrasmith
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answered on Oct 21, 2024

Since you're on an H-1B visa, any criminal record, even a minor one, could affect your immigration status. When you file your I-485, the government checks for any arrests or citations, and even small theft charges can raise questions about your moral character. However, a petty theft under... View More

1 Answer | Asked in Child Custody for Minnesota on
Q: My daughters father got custody of her by default 2 years ago when I missed a hearing and didn't have a lawyer.

She was 14 then. I had her since birth and she did very well with me, straight As in school, no trouble in school once, good friends and a good kid. Since she's declined in grades, gets in trouble at school, her dad has abused several women including myself, he treats her like he's a... View More

Robert Kane
Robert Kane
answered on Oct 14, 2024

It may be possible to get custody back though she will be 17 in a week. Of course, a judge will consider facts you haven't mentioned here. Will you have an attorney this time?

2 Answers | Asked in Construction Law and Legal Malpractice for Minnesota on
Q: Can a lawyer you have requested a consultation with contact the opposing counsel prior to your consultation?

We have recently had to seek new counsel due to our lawyer leaving their law firm and our case. We set up a consultation with an attorney, to find out that person went and contacted the opposing counsel and informed that person we were seeking counsel and the person also found out information as... View More

Robert Kane
Robert Kane
answered on Oct 14, 2024

On their face, I don't believe either are the disclosure of protected information or unethical. Attorneys need to see if there are any conflicts. The arbitration dates are known to dozens of people.

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1 Answer | Asked in Uncategorized for Minnesota on
Q: I need a lawyer to talk to tow company they lost my truck

Tow company won’t talk to me and they let somebody take my truck

James L. Arrasmith
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answered on Oct 10, 2024

It sounds frustrating that the tow company isn’t responding to you after they lost your truck. When a tow company loses a vehicle or releases it to the wrong person, they may be liable for negligence or even theft. You have the right to demand answers and seek compensation for your lost property.... View More

1 Answer | Asked in Uncategorized for Minnesota on
Q: My former employer did not pay my premium for my medical. I have pay stubs proving i paid the premium.

I have a medical bill. How do I get it paid. My employer and hr will not return my calls or emails

James L. Arrasmith
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answered on Oct 10, 2024

I'm sorry to hear about the difficulties you're facing with your former employer not paying your medical premiums. It's frustrating when your calls and emails go unanswered, especially when you have pay stubs proving you've made the payments.

One option is to contact the...
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1 Answer | Asked in Social Security for Minnesota on
Q: How can I find an attorney to appeal my appeal for SSDI in MN?I need this assistance to pay my rent!They denied my

appeal. Only had 10 days to get proofs. I think they need more info on my condition which has not changed. If anything, getting worse.

James L. Arrasmith
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answered on Oct 10, 2024

I'm sorry to hear that your SSDI appeal was denied, and I understand how important it is for you to receive this assistance. Dealing with financial stress and worsening health conditions can be incredibly challenging.

To find an attorney in Minnesota who can help with your appeal,...
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1 Answer | Asked in Civil Rights, Gov & Administrative Law, Land Use & Zoning and Municipal Law for Minnesota on
Q: Can a township require a citizen to pay money to be heard at a township meeting?

My brother has 10 chickens on an acreage outside of city limits in rural Minnesota. Although he has had them since 2019, a "township inspector" recently visited his property and told him that the township only allows 5 chickens unless he has a permit. He had no problem with applying for... View More

James L. Arrasmith
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answered on Oct 8, 2024

A township generally cannot require you to pay money just to be heard at a public meeting, as public meetings are supposed to be open and accessible to residents. Local governments, like township boards, are typically required to follow state laws about transparency and public participation. If... View More

1 Answer | Asked in Bankruptcy, Foreclosure and Real Estate Law for Minnesota on
Q: If a person redeems their property after a sheriff's sale, what fees can be claimed for reimbursement by the bidder
James L. Arrasmith
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answered on Oct 8, 2024

When someone redeems their property after a sheriff's sale, the successful bidder may claim certain costs for reimbursement. These typically include the purchase price paid at the sale, any interest that accrues from the time of the sale until redemption, and allowable expenses related to... View More

1 Answer | Asked in Traffic Tickets for Minnesota on
Q: I am under 21 and I received a total of four Speeding tickets and one citation since it’s 2021

In 2021 I received two speeding tickets and a car accident at fault in October 2022 I received one speeding ticket and in 2024 I received two Speeding tickets. Will Minnesota suspend my license.

Thomas C Gallagher
Thomas C Gallagher
answered on Oct 5, 2024

See Minnesota's "Habitual Violator" Rule, available online: Minnesota Rules 7409.2200. Too many traffic violations within various listed time periods will trigger driver's license suspensions of various lengths.

1 Answer | Asked in Social Security for Minnesota on
Q: my Social Security back pay was taken from DHS because of an interim assistance agreement I had signed,

I received. GRH funding through housing at a group home through a caddy waiver, and they took all the money and pay that and then I was under the impression that I was only to have to pay back the county assistance I received every month for the last two years, which was $125 a month.

James L. Arrasmith
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answered on Oct 2, 2024

I'm sorry you're dealing with this challenging situation. It can be frustrating when financial matters don't go as expected.

First, carefully review all the agreements and documents you signed regarding the interim assistance and the caddy waiver. Make sure you understand the...
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1 Answer | Asked in Estate Planning for Minnesota on
Q: Trust beneficiary discrimination based on religious beliefs

My father originally had his 3 sons solely as the income beneficiaries of a trust if he passed away. After I came out as non-Catholic, he amended the income beneficiaries to my mom and my oldest brother, excluding me and my middle brother (not sure why). I believe that he excluded me because of... View More

Robert Kane
Robert Kane
answered on Oct 2, 2024

Anti-discrimation laws are not applicable to individuals naming trust beneficiaries. They can discriminate as they wish.

2 Answers | Asked in Child Custody, Divorce and Family Law for Minnesota on
Q: Had court today 4 a motion 4 modification of an OFP. None of us were sworn in under oath. Was this a legal court case?
Robert Kane
Robert Kane
answered on Oct 1, 2024

If you were representing yourself, you don't get sworn as if you were as witness.

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1 Answer | Asked in Sexual Harassment for Minnesota on
Q: Can I sue my former employer for sexual assault and wage theft?

I worked front desk at a hotel for about two years it was a family owned hotel besides the family working there, I was the main employee I did everything there. The father gave the hotel to his 21 year old son but still would come around often. One day when it was just him and I he asked me if I... View More

Robert Kane
Robert Kane
answered on Oct 1, 2024

You may have a viable case, but an attorney will need much more information to determine if you have do have a viable case. Contact attorneys who address sexual assault and employment attorneys.

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: I am not married to the mother of my 2 children in MN. What do I need to do to have my rights?

I am not on my older child's birth certificate, but I am on my youngest. She is threatening to leave the state.

Robert Kane
Robert Kane
answered on Sep 29, 2024

It seems you will need to establish paternity as to the oldest and get a custody order as to both. Take care. Rob Kane. Minnesota Family Law Attorney. You can get the help of a limited-scope lawyer, which means that the lawyer helps you as a coach or advisor, and you still represent yourself, or... View More

2 Answers | Asked in Uncategorized for Minnesota on
Q: I'm just curious if it's ok for a 19 year old and a 16 year old to date in the state of Minnesota

A girl who is 16 has a crush on me and wants to date me but I'm 19

Robert Kane
Robert Kane
answered on Sep 29, 2024

The parents' approval is required when dating a child.

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1 Answer | Asked in Small Claims for Minnesota on
Q: Promisorry note mistake in the step daughters favor. I took out a sizable loan. Verbal agreement. She breeched.

I modified the terms, to accommodate her. I calculated her payments biweekly but paid monthly. She made the prescribed number of payments but there is still a balance. Now she is refusing to pay the final 300 or so dollars. Can she just swindle her mother and I out of the balance? Do I have... View More

Robert Kane
Robert Kane
answered on Sep 27, 2024

You can take your daughter to court (conciliation.)

1 Answer | Asked in DUI / DWI for Minnesota on
Q: MN WARRANT IS ISSUED FOR BLOOD OR URINE TEST, ARE YOU OBLIGATED TO SUBMIT TO BOTH?

I WAS TOLD THAT I HAD TO SUBMIT TO A BLOOD TEST AND DID. THE PARAMEDIC POKED ME 2X ON EACH ARM AND COULD NOT GET BLOOD, THEN I WAS ORDERED TO GIVE A URINE TEST. WAS NOT GVEN A CHOICE WITH EITHER.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 25, 2024

You are still required to submit to a urine test if they are unable to get a blood sample and vice versa.

1 Answer | Asked in Collections for Minnesota on
Q: If my husband is being in his sole proprietor business, am I also responsible? Financially?

If assets are in my name only will they be at risk also?

Robert Kane
Robert Kane
answered on Sep 23, 2024

Marital property could be at issue if your husband' business (sole proprietorship) is being sued.

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