Minnesota Recent Legal Answers from Lawyers

If the insurance company requires a Small Estates Affidavit or Letters of Administration or Letters Testamentary, the asset held by that insurance company did not pass to a designated beneficiary but to your mother's estate.  If the estate is more than the maximum allowed for a Small Estate Affidavit in your state, you must probate her estate formally.  Please contact a local probate attorney.... Read More

This varies with county court filing fees, location and the cost of the lawsuit to try to overcome your father's prior right to be the guardian if one is needed.  Keep in mind that a person can only be put under guardianship if, due to a mental or physical condition, they are unable to manage their own finances or unable to provide for their own food, shelter and medical care.... Read More

An attorney, CPA or IRS Enrolled Agent can all do this. However, you need someone who does this kind of work specifically. There is a vast difference in the experience levels of parties who claim to be able to accomplish what you need done, although most of them will claim to be experts. Ask how many settlements have you done in the last 12 months. Additionally, you may or may not be eligible to settle. It depends on your financial situation and this is another catagory where experience counts. Ask whomever you hire how many times they have done a financial evaluation on a client.... Read More

There are many other factors which would determine whether you had an enforceable contract, but there's no reason that an agreemeent made over Facebook couldn't be a binding contract.  Assuming that you had a valid contract, you would have a claim against the seller for the difference between the price you agreed to pay and the price you had to pay to replace the items you had contracted  to buy.... Read More

When a person dies without a Will, a court must decide who are the heirs under state law.  Anyone who thinks they are an heir can hire a local probate attorney to apply for a determination of heirship and to appoint someone to administer the estate.  The bank account passes outside the Will if it is held "joint with right of survivorship."  Half passes if it is held "joint."  Some people who are "on the bank account" are merely convenience signers and have a right of access but not of ownership before or after death.... Read More

Unfortunately, while the IRS allows anyone to pay directly for someone else's educational or medical expense, Medicaid would regard this as a gift and, as you note, if made within the 60 month before the giver first entered a nursing home (or a hospital, leading to a nursing home stay), impose a penalty period of ineligibility.  Putting the funds in a segregated account which she could still access to pay for care would not help.  The only way to avoid the penalty is to not be in a nursing home (or a hospital, leading to a nursing home stay) for sixty months after the gift is made or be able to prove that it was not made with any thought of qualifying for Medicaid.  If your mother were in her fifties, that might be possible.  The older she gets, the less likely it becomes.... Read More

Two petty misdemeanors are not a basis to deny an application to remove the conditions on your green card. You will not be deported. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More

In rare occasions they do.  If the defendant is looking at 180 months, the presumption is that he/she should be taken into custody after the change of plea hearing or guilty verdict at trial.  18 U.S.C. Section 3142.  However, if the defendant has done a good job while on pretrial release, adhering to the rules set for him/her by the Court, the presumption of detention pending sentencing can be overcome.  It is a tough argument to make because a 180 month sentence, in the eyes of the Government and the Court, provides strong incentive to flee the jurisdiction.  This is particularly true if the defendant is facing deportation after release from custody.  I recently kept an individual out of custody on a presumptive detain citing good work history on pretrial release, adherence to the rules of his halfway house and COVID concerns in the jail.  I had a good AUSA though.  It helps if they don't push back too hard.... Read More

Are you suggesting that law enforcement forged a warrant?  If it that was the case, of course the fruits of the search would be illegal.  The warrant must be supported by allegations in the form of an affidavit that supports a finding of probable cause.  You have to be ever vigilent but cops executing a bogus warrant would be so clearly illegal that it is hard to believe that they would be that reckless.  You should contact a criminal defense attorney to discuss the case with him or her.  They will want to know what was seized if anything and to verify that the warrant stated with specificity the places to be searched and the things to be seized.  You are also entilteld to receive the aforementioned affidavit as part of the discovery in your case.  An experienced crimnal defense attorney will know what to do.... Read More

You need a probate attorney who practices in the county in which your brother died to help you present an application for determination of heirship and appointment of administrator of the estate.  During the pandemic being unable to travel may not pose an issue:  many courts are operating by Zoom, etc.... Read More

OK so if your fiancé is in the United States and she entered the country with a visa, then you can adjust status for her without her having to go back to China. If she's overseas, and you have physically met within the last two years, then you can sponsor her for a fiancé K visa and then once that is approved she enters the United States, and must marry you within 90 days, and thereafter she can adjust her status to get a green card. Some of us charge a very affordable flat fee, with no hidden costs, to process the case from start to finish. Counsel in any state can represent you. My office represents clients all over the planet.... Read More

If your sister is under 65, you can open an account with a master pooled special needs trust in your state.  Due to a very recent MN court decision, you may also be able to open an account if she is over 65 if the amount is such that she can reasonably expect to receive fair market value in goods and services from the transfer.  You can discuss this with an elder lawyer and find one near you on the website of the National Academy of Elder Law Attorneys (www.naela.org).... Read More

You may want to see an elder lawyer who does estate planning to make sure that you provide for your care during the retirement years as well as for your children after it with a view to avoiding probate to the extent appropriate.  To find one near you, please see use the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org).... Read More