After a divorce is final and the custody arrangements are made, a child may find himself unhappy and wish to move in with the noncustodial parent. Of course, the noncustodial parent may be sympathetic to the child’s wishes and move for a change in custody. However, there are...
In a divorce, marital property is divided between the spouses. Marital property includes all things that have been accumulated during the marriage, including real estate, vehicles, savings accounts, and retirement assets. Retirement assets can often be overlooked. In order to...
Minnesota attorneys are well aware of the hassles and headaches which families face when a loved one’s estate goes into probate. The process can drag out, eating up not just time but also resources that would have otherwise gone to beneficiaries. Appointed personal...
A frequent question I hear is “Will my spouse have to pay my attorney's fees?” My answer to this is “Don't count on it.” In Minnesota, attorney's fees can be awarded one of two ways: need-based or conduct-based. Need-based awarded mean that one party cannot afford the fees and...
A divorce officially starts with the service of the Summons and Petition. The Summons is a very short document (2-3 pages) which notifies the other party (the Respondent) that a divorce lawsuit has been started. The Summons identifies any real estate owned by the party,...
While many people consider a “simple will” an important part of taking care of their family after their death, they forget to consider including a versatile option: Trusts. Trusts come into being through a person’s will or a separate legal document establishing that trust. A...
Parents and caregivers of special needs children in Minnesota understand the importance of planning ahead to ensure the future care of their loved one. For most families, this includes working with a special needs lawyer to create trusts and other legal documents which provide...
Once you have decided you need a lawyer, the next question is how do you find a lawyer? There are many different ways to find a lawyer, each with their own advantages and disadvantages. Here are some of the most common ways to find a lawyer: Referrals from Friends and Family By...
A common theme among many going through a divorce is the desire to have a “nice” divorce in the most cost-effective way possible. There are many different opinions on how to accomplish this. Today I will explain five options and give some pros/cons for each. I will start off...
The best thing you can ever give someone you love is peace of mind. Stress and uncertainty can take a toll on all of us, the comfort and reassurance that comes from a well thought out plan can go a long way of relieving the burden. Update Your Will. Hire an attorney who will...
In the divorce seminars I teach and in my initial consultations with clients, I often talk about the difference between the emotional divorce and the legal divorce. I am an attorney, it is my job to help with the legal divorce; to help my clients get through the court process...
For many adults in Minnesota, the thought of estate planning conjures up visions of grandma and grandpa putting together a will or a trust to pass down their home or cherished heirlooms to family members. It’s all about providing for our offspring, right? Not necessarily. Even...