This post is meant to give an overview of Minnesota probate law as it relates to priority and qualification of executors or personal representatives. In either a formal or informal estate administration or “probate”, a personal representative must be appointed to represent a deceased person’s estate in Minnesota – this is true for Dakota County or any…
Under Minnesota adoption law, in most circumstances, the biological parents a child must give their consent if their child will be adopted by someone else. Parental consent is required unless one of the following exceptions are met: A parent is not entitled to notice under Minnesota law; A parent has abandoned the child or children as defined…
The Minnesota Court of Appeals issued an interested case of first impression. In accordance with the 2007 child support amendment, the Minnesota Court of Appeals, in the case of Marriage of Haefele, held that distributions from a Subchapter S corporation to a shareholder, which are to be transferred by the shareholder to another business entity, are…
Under the current Minnesota law, two parties are allowed to file a joint petition for divorce in Minnesota. Furthermore, it is possible for an attorney to represent both parties in a joint-divorce. However, lawyers know that much cuation should be taken on the part of the lawyer. This is because of the inherent conflict of…
This post is aimed at explaining initial child support jurisdiction requirements in Minnesota. Before I get to far into explaining the Minnesota child support system, I want to direct any readers to the online calculator used by many, many lawyers and judicial personnel throughout the state. The online calculator is at: http://childsupportcalculator.dhs.state.mn.us/Calculator.aspx. I use that online calculator…
The Minnesota Court of Appeals has issued a new decision in the case of Marriage of Jarvinen related to a father’s motion for modification of child-care expenses. In the opinion, the appellate court found that the Hennepin County District Court had erred when it determined that it did not have the authority to retroactively modify…
The Minnesota House of Representatives has passed HF322 – a bill that provides for a presumption of joint physical custody in Minnesota. The bill is opposed by the Minnesota State Bar Association’s Family Law Section. According to the bill, the presumption of joint physical custody could be overcome by a showing of mistreatment of a…
Adopting a child is a wonderful experience. However, navigating the process of a Minnesota adoption is often not so wonderful. A good Minnesota adoption lawyer should be able to steer you in the right direction. In this post, I will talk about the initial adoption requirements for people thinking about starting the adoption process in…
