Perhaps not surprisingly, one of the questions on most people’s minds when they meet with a lawyer is: “how long the probate administration take and when will I be able to receive the assets of the estate?” Of course, before I can answer that question as a probate lawyer, I counsel clients that the first things that need…
In every Minnesota probate administration, the personal representative (executor) must file an Inventory with the court and send the same to all “interested parties”. Inventory and Minnesota Probate Law Minnesota law tells us that within six months after the appointment of the personal representative, or nine months after the death of the decedent, whichever comes…
If you’re considering moving forward with a Minnesota divorce, you likely have lots of questions about how things will work and what the process might entail. Though it can be overwhelming, it might be helpful to start at the beginning: how to serve divorce papers. To find out more about how service of process works…
If you have children and are preparing for a Minnesota divorce, you’ve likely wondered about child support at one point or another. The issue of child support can be confusing, especially for those who have never gone through the process before. Worries about custody fights and stress over money can make the ordeal that much…
It’s something no one hopes to have happen, but the reality is that a surprising number of parents in Minnesota fall behind on child support payments at some point. While one missed payment won’t lead to something as serious as wage garnishment, those who fall farther behind may have reason to worry. To find out…
This post will discuss jurisdiction issues in Minnesota family law. In Minnesota, like many other states, there is a law called the Uniform Child Custody Jurisdiction Act (UCCJEA). The UCCJEA and Jurisdiction in Minnesota The UCCJEA is a federal law that has been, almost uniformly, adopted by every state in the United States. The law governs what…
How do courts decide child custody in a Minnesota divorce? The standard for determining child custody in a Minnesota divorce is based on the “best interests” of the child standard. Minnesota child custody law | the “best interest” standard The law in Minnesota provides that the “best interest of the child” standard is many factored and no…
I have many conversations with clients about how marital retirement assets are valued and divided. The law, for all intents and purposes, divides marital retirement assets at the date of marriage and then again at a valuation date during a Minnesota divorce action. The valuation date will not start until a petition for dissolution of marriage and a summons…
