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Minnesota Questions & Answers
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

2 Answers | Asked in Cannabis & Marijuana Law and Criminal Law for Minnesota on
Q: Can I grow marijuana while on parole

I'm asking because my p.o has Threaten to put me back on a 90 day violation for smoking (street weed) thas pot that's not from a dispensary.

And now on top of that, she wants me to do MRT

And my insurance won't cover it. And she told me. I'm ether gonna pay... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jun 3, 2024

You need to follow your conditions of supervised release. If supervised release requires sobriety, you need to remain sober. If you have a prescription for medical marijuana, then you need to get your pot from a dispensary. I'm not sure why she is requiring you to do MRT, but you are likely... View More

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1 Answer | Asked in Tax Law and Estate Planning for Minnesota on
Q: What is the limit on inheritance before you have to pay tax? Is there a ceiling as in gifted money?
James L. Arrasmith
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answered on Jun 1, 2024

In the United States, there is no federal inheritance tax, but there is an estate tax that applies to the total value of an estate before it is distributed to the heirs. For 2024, the federal estate tax exemption is $12.92 million per individual. This means that an estate valued below this amount... View More

2 Answers | Asked in Criminal Law and Landlord - Tenant for Minnesota on
Q: Civil case. why is multiple attorneys refuse to handle my legitimate case? $payment yes to be given?

Very strange a group home house owner stolen $10,000.00 my property only because I reasoned to move forward yes exit premises yes the move was legal yet he offered a different property (residence) no diffilculty in haveing rent payments made, legit!

John Michael Frick
John Michael Frick
answered on May 31, 2024

Given the small amount of money involved, it would not likely be worth the administrative overhead of setting up the file even if you were paying the attorney on an hourly fee basis. And it's way too small for a contingency fee. Most very small cases like this (under $15,000) can be... View More

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4 Answers | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: Can I carry a gun while picking up my daughter?

I drive through bad parts of town to pick up my daughter for her time with me. I do not have a permit to carry. But I do know it's legal to carry at home or between work and home. Could this be applied in an argument where I like to be armed when traveling with my children.

Ideally, I... View More

Thomas C Gallagher
Thomas C Gallagher
answered on May 29, 2024

"Say I was forced to use lethal force to defend myself and children from say a carjacking?" There is too much to fit into an answer here. But I'll try to get you started in your research. First, in Minnesota such a person carrying a firearm without a permit would be charged with that... View More

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4 Answers | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: Can I carry a gun while picking up my daughter?

I drive through bad parts of town to pick up my daughter for her time with me. I do not have a permit to carry. But I do know it's legal to carry at home or between work and home. Could this be applied in an argument where I like to be armed when traveling with my children.

Ideally, I... View More

Sarah Gad
Sarah Gad
answered on May 29, 2024

You can carry your firearm in your vehicle as long as it is unloaded and in the closed trunk of your vehicle. If you want immediate access to the firearm, you need a permit to carry. The law does not regard self-defense as an excuse to not not have a permit to carry.

You can apply for a...
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4 Answers | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: Can I carry a gun while picking up my daughter?

I drive through bad parts of town to pick up my daughter for her time with me. I do not have a permit to carry. But I do know it's legal to carry at home or between work and home. Could this be applied in an argument where I like to be armed when traveling with my children.

Ideally, I... View More

Robert Kane
Robert Kane
answered on May 29, 2024

No, you cannot legally carry a gun while picking up your daughter.

Minnesota Statutes, section 97B.045, prohibits transporting a firearm in a motor vehicle unless the firearm is unloaded and either:

Fully secured in a gun case expressly made for that purpose, where the case is...
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4 Answers | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: Can I carry a gun while picking up my daughter?

I drive through bad parts of town to pick up my daughter for her time with me. I do not have a permit to carry. But I do know it's legal to carry at home or between work and home. Could this be applied in an argument where I like to be armed when traveling with my children.

Ideally, I... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 29, 2024

Get a permit. You cannot legally transfer a loaded gun without a permit. You certainly could be charged with carrying in public without a permit and there is no guarantee that anyone is going to simply accept a claim that you acted in self-defense.

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4 Answers | Asked in Traffic Tickets for Minnesota on
Q: Is it legal to run a red light when the cross street is completely blocked off due to construction?

I'm seeing a lot of road construction where the traffic lights still operate as normal but where there is simply no possibility of cross traffic, no possibility of U-Turns, even. I've seen some drivers, including a bus, treat the solid red light as a stop sign, I've seen some just go... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 1, 2024

Sometimes the law doesn't seem logical, like you cannot carry an ice cream cone in your pocket in August in Lansing, Michigan. But in this case, the 100% consensus is the traffic signal is (by the law) deemed to be smarter than you, and must be obeyed. Welcome to Artificial Intelligence. An... View More

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