– Legal Insights –
For many business owners, their business is one of the most valuable and important things they own. When it is time to sit down and create an estate plan, it is critical that business owners plan for their business just as they would plan for their home or finances. Effective...
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Are you thinking about making a charitable donation this year? If so, there are a few things to consider before you write that check or transfer that car or other property, especially if you’re expecting a tax deduction. First, the charitable organization must be approved to accept deductible contributions. To...
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“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...
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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....
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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...
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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...
Both the Federal Fair Housing Act (“FHA”) and the Minnesota Human Rights Act (“MHRA”) contain provisions that prohibit discrimination in housing on the basis of a person’s membership in a protected class. Protected classes include, race, color, national origin, religion, sex, familial status and disability. Under the MHRA, creed, marital...
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Now that warm weather is finally here, many associations are discovering multiple areas of green space in their communities that have been damaged by pet waste over the winter months. Those brown patches of grass are unsightly enough, but what about the more offensive solid waste left by pets—and their...
As summer approaches for many of us our thoughts turn to the cabin or some other vacation property. For many families the cabin is not only a weekend or summer getaway, but part of the family’s legacy. For many owners, passing the property on to the next generation is not...
Fact or Fiction? It is legal to charge 18% per annum interest to all customers on unpaid balances. Answer: FICTION! In most cases, the maximum interest that may be charged on past-due accounts is 8% per annum if you have a written contract. Fact or Fiction? As subcontractor, if I...
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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...