What Is Probate?

Probate, also called estate administration is the legal process enabling the transfer of property after someone dies. Depending on the circumstances, a probate may involve: 1. Proving the validity of a Will; 2. Court appointment of someone to serve as agent for the deceased person – referred to as an administrator, personal representative, executor, or… Read more »

What if you are hurt in an automobile accident by someone without enough insurance(underinsured) to cover your losses? –There may be other places to turn for additional coverage –

Understanding Your Underinsured Motorist Benefits (UIM) Motor vehicle accidents leave many people in physical and emotional pain, without a vehicle, and under stress in an attempt to navigate their multitude of medical appointments and interpreting their insurance coverage. Generally, the liability insurance company—the at-fault driver’s insurance—covers damages to an injured party. But, what if the… Read more »

Retirement assets in a divorce: How to protect them and what are you entitled to as the receiving spouse?

Retirement assets are often the largest assets in a divorce case.  The attorneys at Dudley and Smith, P.A. have dealt with every kind of retirement asset and the division of protection of the same. If you and your spouse both have retirement assets, you may elect to keep your own.  But if they are unequal… Read more »

If I was divorced in Minnesota and my spouse moved, can I enforce my decree in another state?

Often people think that if they have a decree from one state and they want to enforce it in another, they need to travel to that State. Some common divorce decree modifications include custody, parenting time, spousal maintenance and child support.  The state court that granted the decree will maintain jurisdiction and enforce their orders… Read more »

Minnesota Construction Law – Builder’s Defenses to Construction Defect Claims

In our prior construction law posts, we first looked at the type of claims that a homeowner may bring against a builder or remodeling contractor (link to post). In a second post, we focused on pre-lawsuit considerations such as the builder’s right to inspect the property and make an offer to repair and the home… Read more »

How to Avoid Probate – Minnesota Estate Planning

By Michael Divine, Esq. In Minnesota, a probate is generally only required if an estate’s probate assets exceed $50,000. Accordingly, estate planning that aims to avoid probate must utilize strategies reducing the probate estate – often by transforming probate assets into nonprobate assets. The following is an introduction to some of the strategies we use to help our… Read more »

Minnesota Construction Law – Builder’s Right to Inspect, Offer to Repair, and Pre-Suit Mediation

In a prior post titled What Type of Claims May be Brought Under Minnesota’s Construction Defect Warranty Statute, we discussed the types of statutory construction defect warranties that protect homeowners from shoddy building or remodeling and the notice requirements that homeowners must provide to their builders. We also reviewed several exclusions that serve to shield… Read more »