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Minnesota Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: In family court can a Referre dismiss a case after trial with Prejudice and simultaneously order relief. The Petitioners

Filed a motion to Amend the findings saying since the 3 rd party custody case was originally against me if the judge dismissed it instead of denied it she has to give my child back to me and not the Dad who is not the Petitioners. Not a divorce case just my daughters Godparents wanting her case has... View More

Robert Kane
Robert Kane
answered on Mar 28, 2024

In family court can a Referre dismiss a case after trial with Prejudice and simultaneously order relief? Yes, depending on the circumstances. I apologize, but how you should respond can't be determined on a few phrases. An appeal may be appropriate if the referee made a mistake of law, such as... View More

1 Answer | Asked in Estate Planning for Minnesota on
Q: My husband and I need to make a will or trust and we don't know where to start.

We don't have a large or very complicated estate, I don't think, and we only have 1 heir that everything will go to (our 23 year old son, who does not live with us). But we do have our house and also some land in another state, in addition to the normal retirement accounts, savings... View More

Neil P Thompson
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Neil P Thompson
answered on Mar 25, 2024

Yours appears to be a straight forward basic estate plan, one that a Will plan would work well. The property in another is or can be problematic and a review of which state the property is in would be necessary. That being said a basic will, power of attorney and health care directive for each of... View More

1 Answer | Asked in Probate for Minnesota on
Q: What are my rights in a probate case

I'm a person with a disability all of my other relatives have lawyers for the probate case I do not and I did request reasonable accommodations I requested an exception I requested a lawyer but I cannot get one because everyone is using the elderly estate low-income lawyer service what are my rights

Robert Kane
Robert Kane
answered on Mar 22, 2024

I am not quite sure what you mean. The disabled don't have right to have an attorney appointed to represent them as an indigent criminal defendant does. Are asking about access to the courtroom or the ability to participate remotely?... View More

2 Answers | Asked in Criminal Law and Gov & Administrative Law for Minnesota on
Q: GM 5th deg-possession of drug, first timer, and I was wondering if I’m serving jail time or how much would I have to pay

It’s 3 Percocet pill that I’ve been caught with and it’s my first time and it’s gross misdemeanor charges GM 5th deg-possession of drug, first timer, and I was wondering if I’m serving jail time or how much would I have to pay

Thomas C Gallagher
Thomas C Gallagher
answered on Mar 21, 2024

You might consider an effort to avoid a criminal "conviction." That would be valuable, in the future. It may be a possible to resolve the case in a way to avoid conviction, usually involving a period of compliance with agreed and ordered conditions. You can discuss this with your lawyer.

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2 Answers | Asked in Criminal Law and Gov & Administrative Law for Minnesota on
Q: GM 5th deg-possession of drug, first timer, and I was wondering if I’m serving jail time or how much would I have to pay

It’s 3 Percocet pill that I’ve been caught with and it’s my first time and it’s gross misdemeanor charges GM 5th deg-possession of drug, first timer, and I was wondering if I’m serving jail time or how much would I have to pay

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 21, 2024

I think that it is unlikely that you would be facing jail time for a first time GM drug possession case. The best thing that you can do for yourself to avoid having to serve jail would be to get a Chemical Use Assessment and start following the recommendations. That is something that you are... View More

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1 Answer | Asked in Tax Law and Estate Planning for Minnesota on
Q: When the 1rst spouse dies, is his/hers estate considered 1/2 of the couples entire estate?
James L. Arrasmith
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answered on Mar 20, 2024

In Minnesota, understanding how estates are divided upon the death of a spouse can be complex due to the state's laws and the specific details of your situation. Generally, when the first spouse passes away, the distribution of the estate depends on whether the assets were owned jointly or... View More

1 Answer | Asked in Criminal Law and Civil Rights for Minnesota on
Q: Is it possible to find someone to go to the county jail to speak with my son.He has a case coming up.

He can explain, give proof. Very important he speak in person. Not enough money for calls, etc. I am trying to get him help. Needs to file grievance. Confict of interest. Jailer threatening him to abide, jailer related to judge, request to be moved ignored, etc He would explain.

James L. Arrasmith
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answered on Mar 15, 2024

It's important to act quickly in situations like this. Reach out to local legal aid organizations or public defender's offices; they often provide free legal services to individuals who cannot afford them. They may be able to assign a lawyer or an advocate who can visit your son in jail... View More

1 Answer | Asked in Estate Planning and Probate for Minnesota on
Q: I want to contest part of the will but I do not know how to contest in a probate case?

I'm a person with a disability the other people sent a letter saying they were going to submit both Wills to the court turned out they they did not they only submitted one so there are but I believe they are using the wrong will so that's why I want to contest. I think one of my other... View More

Anthony M. Avery
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answered on Mar 15, 2024

You will need a MN attorney to contest a Will filed for Probate. You may or may not have a cause of action. Obviously 2 Wills cannot be filed for Probate by the same proponent. But it sounds like you do not have either Will, which is a problem to probate the actual Will, and you must have... View More

1 Answer | Asked in Immigration Law for Minnesota on
Q: Can I apply for citizenship if I have a 5th-degree assault charge for 8 years ago, no arrest occurred?

I'm a Green Card holder for almost 10 years, I have a 5th-degree assault charge for 8 years ago; no arrest occurred, and a normal traffic ticket for an accident. Will I be disqualified if I apply for citizenship?

James L. Arrasmith
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answered on Mar 15, 2024

If you're considering applying for citizenship and you have a history that includes a 5th-degree assault charge from eight years ago, without any resulting arrest, and a minor traffic violation, these incidents could impact your application, but they don't automatically disqualify you.... View More

1 Answer | Asked in Criminal Law and Civil Rights for Minnesota on
Q: How can I get a grievance file started asp in blue earth county
James L. Arrasmith
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answered on Mar 14, 2024

To get a grievance file started in Blue Earth County as soon as possible, it's important to first understand the specific nature of your grievance. Different types of complaints may require different approaches and might be handled by various departments within the county. For example, issues... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: Can firearm rights be restored, even if an expungement is not possible?

Is an expungement available for a conviction under 609.222 (assault 2nd degree)?

Can firearm rights be restored, even if an expungement is not possible?

James L. Arrasmith
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answered on Mar 13, 2024

In Minnesota, expungement may be possible for a conviction under § 609.222 Assault in the 2nd Degree in certain limited circumstances. However, even if expungement is granted, it would not automatically restore firearm rights.

Expungement eligibility depends on the specific facts of the...
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1 Answer | Asked in Real Estate Law, Tax Law, Agricultural Law and Estate Planning for Minnesota on
Q: I'm a Minnesota resident. MN has a $3,000,000.00 estate tax exemptionCan I put Iowa farmland in a trust to get below

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

James L. Arrasmith
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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

1 Answer | Asked in Municipal Law for Minnesota on
Q: If there is 2 water rates in the same area can they make us pay the higher one out of convenience for there company

, at a rate which is greater than either of the following:

(1) a rate which the resident could pay directly for the same utility service from some other comparable source in the same market area; or

(2) a rate which is charged to single family dwellings with comparable service... View More

James L. Arrasmith
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answered on Mar 8, 2024

If you're being charged a higher water rate than others in your area for the convenience of the company, it's crucial to understand your rights and the regulations governing utility services. Utility companies are often regulated to ensure fairness and to prevent discriminatory pricing... View More

3 Answers | Asked in Criminal Law, Civil Rights and Federal Crimes for Minnesota on
Q: Can you open carry an AR with you conceal and carry permit?

I have been looking through so many sites and can’t seem to get a reliable answer everything seems to contradict.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 6, 2024

Honestly, I'm not sure if you would be permitted to do so. But I would suggest that things that might be legal aren't necessarily smart to do. Law enforcement is going to be all over you if you are out wandering around open carrying an AR-15 or similar type long gun. Rightly or... View More

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3 Answers | Asked in Criminal Law, Civil Rights and Federal Crimes for Minnesota on
Q: Can you open carry an AR with you conceal and carry permit?

I have been looking through so many sites and can’t seem to get a reliable answer everything seems to contradict.

James L. Arrasmith
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answered on Mar 6, 2024

The rules around open carrying an AR-style rifle with a concealed carry permit can indeed be complex and vary widely from one jurisdiction to another. Generally, a concealed carry permit applies to handguns and does not automatically grant the right to openly carry rifles or other long guns. Each... View More

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1 Answer | Asked in Employment Law for Minnesota on
Q: Can a company fire you after your last day?

I got into a little trouble with my job. I was given permission by a supervisor to take food to be thrown away at the end of the night. I did that for a while. I got caught by management, they sent it up to corporate. I gave my 2 weeks for unrelated reasons in the meantime. My second to last... View More

James L. Arrasmith
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answered on Mar 5, 2024

Based on the information you provided, it seems that your employer may be attempting to retroactively terminate your employment after your last day, which could potentially affect your eligibility for unemployment benefits. Here are a few points to consider:

1. Resignation vs. Termination:...
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1 Answer | Asked in Landlord - Tenant for Minnesota on
Q: I am suing my landlord. They never make repairs, and the repairs that they need to make affect health and safety.

I told them I was going to sue them, as they did not repair a window that was damaged and someone came in and sexually assaulted me. My case was accepted and is moving forward, however the day after I filed, they filed a retaliatory eviction. I see this as a jurisdictional conflict as I put in my... View More

James L. Arrasmith
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answered on Mar 5, 2024

To research cases similar to yours where there's a jurisdictional conflict due to simultaneous legal actions in different courts, focus on keywords that describe your situation. Use terms like "retaliatory eviction after lawsuit," "jurisdictional conflict in civil cases,"... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Minnesota on
Q: Can I appeal a MN small claims judgement against me if I have since learned new information for a judgement in my favor?

Tenant sued me for not returning her deposit in the required 21 days. I admitted that I returned it late, however at the time of trial I didn't realize that the 21 window starts when the tenant vacated/term ended, AND tenant provides forwarding address. I looked back and she didn't... View More

Robert Kane
Robert Kane
answered on Mar 4, 2024

A Conciliation Court order or judgment can be appealed at the District (Trial) Court.

The facts are reviewed “de novo,” which means the case gets a fresh start before the District Court judge. There may be a civil trial and either party can request a jury.

To learn more about...
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1 Answer | Asked in Copyright and Intellectual Property for Minnesota on
Q: I want to use a section of a song with the lyrics removed and dubbed over audio of my student film, is it fair use?
James L. Arrasmith
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answered on Mar 4, 2024

Using a section of a song in your student film, even with the lyrics removed and dubbed over, can be complex when considering fair use provisions. Fair use is determined by factors such as the purpose and character of your use, the nature of the copyrighted work, the amount and substantiality of... View More

1 Answer | Asked in Traffic Tickets for Minnesota on
Q: License suspension from speeding tickets?

Hello! I’m afraid I am facing license suspension, but after further research I’m a little confused. My first ticket was 1/11/2022, second was 11/14/2022, third was 2/6/2023 and my fourth ticket being 3/1/2024. I’ve THOUGHT after 4 tickets your license would automatically be suspended for 30... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Mar 3, 2024

The answer is in Minnesota Rules 7409.2200 HABITUAL VIOLATORS, available online. (For those with a Minnesota Driver's License, at least.) Four petty misd. traffic offenses within a 12-month period; or five traffic within a 24-month period will get a DL suspension. The rule is more complex... View More

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