Comprehensive Legal Solutions That Work
It was a mild surprise to you, but when your parents died, they had significant debt. This scenario makes you wonder whether you are responsible for paying it. The simple answer is “no.” The remainder of their estate will pay off as much of your parents’ debt as...
While a couple might agree that divorce is the best course of action for both futures, they will still face numerous challenging negotiations through the process. From the division of assets and debts to the determination of support and parenting time, the divorcing...
The Minnesota Court of Appeals recently issued a decision clarifying the limits of a parent’s authority when they are granted “primary residence” of the child. In Wolf v. Oesterich, A20-0235 (February 22, 2021), the Minnesota Court of Appeals held that a parent, who...
Last week, the Minnesota Supreme Court issued a decision upholding the right of a second spouse to intervene in the enforcement of the divorce decree between her husband and his former wife. In In re Miller v. Miller, Molloy(intervenor), No. A19-0372, (Minn. Jan. 20,...
The Minnesota Court of Appeals issued a decision on January 25, 2021, governing the rights of persons subject to Guardianships. Harris o/b/o Banks v. Gellerman, A20-0527 (Minn. Ct. App. Jan. 25, 2021) The Court of Appeals held that when a harassment restraining order...
Chief Justice of the Minnesota Supreme Court, Lorie Gildea, has issued an updated order governing court proceedings. Civil cases will continue to be heard mostly remotely through September 6, 2021. Local chief judges will determine whether civil jury trials can be...
On Wednesday May 26, 2021, the Minnesota Supreme Court weighed in on a novel family law issue: whether post-divorce cash gifts can affect a spousal maintenance award. Minnesota Statute 518.552 subd. 2(a) requires the Court to consider a party’s “financial resources”...
On June 21, 2021 the Minnesota Court of Appeals issued a precedential opinion regarding spousal maintenance. Either spouse may request an award of spousal maintenance; the district court must first determine their income and their reasonable monthly expenses. If a...
This week the Minnesota Court of Appeals held that Minnesota Courts retain jurisdiction over the custody of adult children in the case In Re the Custody of S.E.R.R. S.E.R.R. was born in Guatemala and abandoned by his mother. S.E.R.R.’s grandparents raised him in...
On October 18, 2021, the Minnesota Court of Appeals issued a precedential opinion regarding child support. Under Minn. Stat. § 518A.39, child support and spousal maintenance may be modified based on a showing that a substantial change in circumstances left the...