– 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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The Minnesota Court of Appeals recently issued an opinion emphasizing the importance of proving damage to real property using a qualified expert. In Dreyer v. Reierson Construction, Inc., homeowners claimed that their property was damaged when a pipe ruptured and water backed up into their home. No. A23-0081, 2023 WL...
On June 28, 2023, the Minnesota Supreme Court unveiled its latest opus, an interpretation of the esteemed Minnesota Rule of Civil Procedure 5.04 in Glen Edin of Edinburgh Ass’n v. Hiscox Ins. Co., No. A21-0761, 2023 WL 4218116 (Minn. June 28, 2023). Rule 5.04 governs the enigmatic art of “pocket...
As discussed in Part I of this series, there were some significant changes adopted in the recent session of the Minnesota legislature affecting Minnesota Statutes Chapter 515B, commonly known as the Minnesota Common Interest Ownership Act (“MCIOA”). Part I focused on the ability to assess attorneys’ fees and costs incurred...
J.R.R. Tolkien once wrote, “Short cuts make for long delays.” Despite this wise advice, far too many young adults take shortcuts when it comes to estate planning. A recent study estimates that only about 1 in 4 American young adults, and 1 in 3 American adults overall, has an estate...
The decriminalization of adult use and sale of cannabis will have a significant impact on Minnesotans, including those who live in homeowners associations. Part I of this article provided a broad overview of what the decriminalization means for associations. Part II focuses on nuisance claims and the potential consequences for...
The regular session of the 93rd Legislature of Minnesota was a busy one! The legislature passed laws adopting paid sick leave and family/medical leave, declaring certain noncompete agreements unenforceable, and establishing paid breakfast and lunch for all Minnesota’s K-12 students. Oh, and of course the big one: enacting laws that...
If you are reading this, you are probably an owner of a PCA agency who now realizes that DHS is serious about extracting a large overpayment from you. In part 1, I explained what this means for you and your agency. Below, I address what you can do about it....
It’s no secret that the 2023 legislative session in Minnesota ended with the adoption of significant new laws and changes to existing laws, but the decriminalization of adult use and sale of cannabis was headline-making news. Included in the 300-page bill were a few provisions that will affect homeowners associations....
Would you like to provide your children or loved ones with an inheritance but protect them from the risks that may accompany a large windfall? If so, you can create a beneficiary-controlled trust in which the person you name as the trust’s primary beneficiary has rights, benefits, and control over...
MCNA Insurance Company (“MCNA”) recently notified its customers of a data breach involving highly sensitive personal information of its dental/orthodontic care members of certain state Medicaid and Children’s Health Insurance Programs. On March 6, 2023, MCNA discovered that an unauthorized third-party gained access to certain systems containing the highly sensitive...