Resources

Family Law F.A.Q.

Criminal Law F.A.Q.

Wills and Probate F.A.Q.

Estate Planning F.A.Q.

Social Security F.A.Q.

Family Law

What is the difference between “legal” and “physical” custody?

Legal custody refers to the right to make significant decisions about your children. It usually deals with a child’s religious upbringing, medical care and education. Physical custody refers to who has the child or children in his or her physical custody at any given time.

What is “parenting time”?

Parenting time is the term used in Minnesota for the time each parent spends with the children. In some cases, the parties have a Parenting Time Schedule that states when the child(ren) is supposed to be with either parent.

My child has only lived in Minnesota for three months. Can a Minnesota court help me with my child custody dispute?

Typically, a child must reside in Minnesota for six consecutive months for a Minnesota court to have jurisdiction over the case. Emergency situations may be eligible for an exception. Your attorney can assist you in deciding whether you are eligible for an exception.

My husband has a much greater income than me, and I am concerned about my standard of living after my divorce. Am I entitled to spousal maintenance (alimony)?

Whether spousal maintenance is or is not awarded during a divorce proceeding is dependent upon many factors. Some of those factors are the disparity of income between spouses, the length of the marriage, the assets each party has, and the employability in the future of each spouse. Your attorney can assist you with determining whether your particular situation might entitle you to spousal maintenance.

Criminal Law

What is a petty misdemeanor?

A petty misdemeanor is any ticket that has a maximum fine of $300 and carries no potential jail time.  Traffic tickets like speeding usually fit into this category.

What is a misdemeanor?

A misdemeanor is any charge punishable by up to 90 days in jail and/or a $1,000 fine.  Common crimes in this category are a first DWI, assaults, theft, driving without a valid driver’s license or driving without proof of insurance.

What is a gross misdemeanor?

A gross misdemeanor is any charge punishable by up to a year in jail and/or a $3,000 fine.  A common example is a second or third DWI within 10 years, or a DWI where the test result is .20 or more even on a first DWI.

What is a Felony?

A felony is any charge that is punishable by a year and a day or longer in prison.  Most drug cases and criminal sexual conduct charges fit into this category, as well as some assaults and burglaries.

Why was I charged when the victim did not want charges filed against me?

The victim does not get to decide if someone is charged with a crime or not.  That decision is made by law enforcement and/or the prosecutor.  The victim typically gets to give input on this issue, but they do not ultimately make that decision.  The same procedure occurs when the victim wants to “drop the charges.”  The victim gives input, but law enforcement and/or the prosecutor ultimately make that decision.

Wills and Probate

What is a Will?

A Will is a legal document that comes into affect upon your death. In a Will, you appoint a personal representative to handle your estate. The personal representative will then distribute your property to your beneficiaries according to your wishes as outlined in your Will. Your Will also establishes a guardian for any minor children you may have at the time of your death.

Estate Planning

What is a Trust?

A Trust is a written expression of your desires as to the management of your assets during your lifetime if you become incapacitated, and to whom the assets pass upon your death. Put another way, it is an arrangement under which one person gives some part or all of his money, securities, real estate, or other property to another as trustee. Those who are able to receive benefits form the Trust are known as beneficiaries. The arrangement establishes: 1) Who the beneficiaries will be, what each will receive, and when they will receive it; 2) How much investment authority will be given to the trustee to meet the needs of the beneficiaries; and 3) What the duration of the Trust will be within the limits allowed by law.

What is a Power of Attorney?

A Power of Attorney is a legal document in which you appoint an “Agent” to act on your behalf.  This is most common where someone needs help with their finances.

Social Security Disability

Why was I rejected when I think I am disabled?

There can be many reasons for this as this is a complicated area of law.  It is not uncommon for the agency to deny you in the hopes you don’t appeal the decision to an Administrative Law Judge.  Many clients are initially denied, but win on appeal.  However, the system is so backed up now that you could wait for a year to get a hearing in front of the judge.  If you win on appeal, you do get back benefits.