August is National Make a Will Month
August in Minnesota is a great time to discuss the importance of estate planning. It also happens to be “National Make a Will Month”. According to a recent survey, 64% of Americans do not have a will. Some of the top reasons people give for not doing a will include: I just have not gotten […]
Intriguing issues impact state after same-sex case
The decision by the U.S. Supreme Court near the end of its 2014-15 term three weeks ago legalizing same-sex marriages throughout the country is of particular interest in Minnesota. This state spawned the progenitor marriage equality litigation 45 years ago, when first the Hennepin County District Court and then the Minnesota Supreme Court rebuffed a […]
Frank’s MSOP ruling extends Larson’s legacy
“Those who cannot remember the past are condemned to repeat it” —George Santayana, “The Life of Reason” (1906) The sweeping decision in mid-June by U.S. District Court Judge Donovan Frank deeming the Minnesota Sex Offender Program (MSOP) unconstitutional and giving state officials a “last time” opportunity to repair it was hardly unexpected or, for that […]
Proposed IRS regulations for ABLE accounts
A new law was enacted at the end of 2014 allowing states to establish qualified Achieving Better Life Experience Act (ABLE) programs for tax years after December 31, 2014. These programs allow a tax free account to be created to save money for disability related expenses for a designated beneficiary. There is no federal income […]
Post judgment collections in the digital age: Garnishing websites and web domains
Under Minnesota law, a judgment creditor may garnish nonexempt property of a debtor to help satisfy a judgment. While this is a well established proposition, up until very recently it was entirely unclear whether a website and a web domain were property subject to garnishment and it was also unclear the precise legal procedure for […]
What Is a Single Purpose Entity and Why Is It Important…?
If you are business person looking to obtain a loan to purchase commercial real estate, the lender may require you to hold the property in a single purpose entity (typically a limited liability company (“LLC”) or corporation). If you are a lender in a position to finance your borrower’s commercial acquisition, it is often an […]
Buying a new home? Find out when your warranty begins
In Minnesota, a homeowner can make a claim for defective construction in new homes and remodeling projects. The defect or error, however, must be discovered within 10 years of completion of the work. This 10 year deadline is called the statute of repose. This 10 year period begins to run “when construction is sufficiently completed […]
Options when disability forces work changes
Know Your Options Short-term or long-term disability coverage? Employer’s employment policies regarding disability leave Disability retirement? What happens with other benefits – health, 401 (k), life insurance Family Medical Leave Act coverage What Support Do You Have? Review medical records for accuracy and detail Discuss disability with physician Need specific restrictions and limitations Employer […]
To Fraudster Debtors who think their Home is their Castle – Think Again
The maxim that one’s home is their castle goes as far back as the English common law of 1628: “For a man’s house is his castle and each man’s home is his safest refuge.” – Sir Edward Coke. Although these days that maxim may not be as literal as it once was, the courts still […]
Community Banks Outpaced Big Banks Q4 2014
Many analysts celebrated Main Street and the “little guy” as community banks across the country outperformed the rest of the banking industry at year-end 2014. According to the FDIC’s Quarterly Banking Profile report for the fourth quarter of 2014, the banking industry saw a robust performance by community banks. Community banks earned $4.8 billion during […]