Sense of Fair Play (7-29-13)

Neither side in a lawsuit is permitted to have information that the other side does not possess. Thus, before a civil trial begins, both parties are entitled to find out the factual basis for each other's claims or defenses. During this "discovery" process, each side has the right to ask about the existence of the other's documents and witnesses, as well as any other supporting evidence. Each side attains this information by asking questions orally during a "deposition," which involves placing a person under oath and asking questions about his or her best recollection of the facts. Discovery ensures a "level playing field" upon which both sides operate with the same information. There should be no surprises for either side.

Do you have any questions about discovery or depositions? Our attorneys can answer all your questions in a friendly and straightforward manner. We take cases that deal with a variety of legal areas, including contract law, estate planning, wills and trusts, and business law. If you have any questions, call 952-226-1202 to make an appointment to speak to one of our friendly attorneys. Our firm works out of Savage, MN. Multiple Services. Singular Commitment.

HINT: In a civil case, an "interrogatory" is a set of written questions that one litigant requires be answered by an adversary.

Under Duress? (7-15-13)

More than 100 years ago, signing a contract "under duress" might have meant that a contract was mentally or physically coerced. These days, of course, the threat of physical force is not so likely to be used to induce a contract. However, it sometimes happens that economic duress (also known as "business compulsion") may emerge as a means of making someone agree to a contract. For instance, a supplier may raise the price of goods to a customer who is in desperate need of them. In this case, the threatened party must not only show that the supplier threatened to breach the contract, but also that the customer had no other source for the goods specified in the contract.

Business law and contract law are clearly complex areas. If you have any questions, you need to call a lawyer with experience and expertise in the field. Our lawyers will provide thoughtful and personalized service to deal with all your legal issues, including business, contract, and probate law. If you have any questions, please call our offices at 952-226-1202 for an appointment. Our firm works out of Savage, MN. Multiple Services. Singular Commitment.

HINT: If a party to a contract is found by the court to have acted under duress, the innocent party may rescind the contract and claim damages.

Managing Your Finances When You Cannot (7-1-13)

A "power of attorney for finances" is a legal document that allows a person of your choosing to manage your finances on your behalf in the event that you become incapacitated. The first step in seeing that your wishes will be carried out is to select a competent and trustworthy agent. To guard against abuse of powers of attorney, you can build checks and balances into the document, such as requiring the agent to provide periodic accountings to a third party or having another individual sign off on any gifts of your property. While you are of sound mind, it is also possible to name a new agent or revoke the power of attorney for any reason.

Assigning a power of attorney for finances is just one part of thoughtful estate planning. It's a complex process that requires advice from an experienced attorney. Our attorneys can provide you with the counsel that you need to make certain that your wishes are carried out, no matter what. We can help with all aspects of estate planning, as well as issues pertaining to corporate law and real estate law. If you have any questions, call 952-226-1202 to make an appointment. Our firm works out of Savage, MN. Multiple Services. Singular Commitment.

HINT: To avert future potential problems, it is advisable to have any financial institutions with which you do business review your power of attorney document and ask if they find it acceptable.

Down The Home Stretch (6-17-13)

If you are behind on your mortgage payments and file for Chapter 7 bankruptcy, the mortgage lender will almost certainly ask the bankruptcy court to allow it to begin (or resume) foreclosure proceedings. Alternately, if you are behind on your mortgage payments and want to keep your home, Chapter 13 bankruptcy is certainly preferable. However, you must have enough disposable income to propose a plan that involves making regular payments on your mortgage and pays off whatever you owe in arrears in a reasonable amount of time. If the lender has already started to foreclose, you can file for Chapter 13 bankruptcy and make up the missed payments, reinstate the loan, and continue making payments under the original contract.

If you're wrestling with debts, foreclosure notices, or decisions about Chapter 7 or Chapter 13 bankruptcy, it's clear that you have a lot on your mind. You deserve expert advice. Our lawyers have years of experience dealing with a wide variety of legal issues, including those that pertain to foreclosure and bankruptcy. We provide the expertise you need and the discretion and compassion that you deserve. If you have any questions, please call our offices at 952-226-1202 for an appointment. Our firm works out of Savage, MN. Multiple Services. Singular Commitment.

HINT: Chapter 13 bankruptcy will not help if your home was already foreclosed upon and sold.

A Matter of Trust (6-3-13)

Because it is time-consuming and relatively costly, many people adopt various strategies that will help them avoid probate (the legal process by which the estate of a deceased person is settled). One such probate-avoiding vehicle, called the "living trust," is so named because it is created when a person is alive. Holding property in trust poses no legal consequences while the creator of the living trust is alive, and the property held in the trust transfers to the family and friends to whom it is left after death. The terms of the trust document, which is similar to a will, authorize the trustee to conduct this transfer, and probate courts have no legal authority over property held in trust.

Do you have any questions about how a living trust can help you preserve your estate? Our experienced attorneys have years of experience with all aspects of estate planning, from wills to trusts, and we can help you plan for all eventualities. We pride ourselves on thoughtful advice and friendly service for all of our clients. If you have any questions, call 952-226-1202 to make an appointment. Our firm works out of Savage, MN. Multiple Services. Singular Commitment.

HINT: A living trust does not eliminate the need for a will because no one can reasonably expect that everything he or she owns will be included in the trust.

Trusting in Yourself (5-20-13)

A "living trust" is a document that provides detailed guidelines regarding how your property should be managed in the event that you were to become incapacitated. It involves the transfer of your investments, real estate, and other assets into the trust with yourself named as trustee, which enables you to maintain control of your property. By naming one or more successor trustees, you also have people standing by who can manage your property if you become incapacitated. Detailed instructions should also be included about how the money should be spent for your hospitalization and/or long-term care. The living trust remains in force after your death and enables the successor trustee to transfer property to beneficiaries without probate.

Living trusts are a powerful tool but, like all powerful tools, they require finesse and experience to use properly. If you have any questions about living trusts, or any aspect of estate planning, you need to call our office. Our lawyers have years of experience dealing with all aspects of estate planning, from simple wills to complex living trusts. If you have any questions, please call our offices at 952-226-1202 for an appointment. Our firm works out of Savage, MN. Multiple Services. Singular Commitment.

HINT: While you remain mentally competent, you can revise or revoke a living trust.

Neighborly Advice (5-6-13)

When disagreements arise between neighbors, it is preferable to try to work things out by talking directly and amiably to those responsible for disturbing activities. Of course, this approach does not always work, in which case, those offended by a neighbor's action should familiarize themselves with local ordinances that provide protection under the law. It may also help to know if other neighbors are similarly affected by the actions of the neighbor in question. If so, enlisting their help may help to convince the offending neighbor that the problem is not an isolated one. Even in cases where there is not a relevant law, neighbors who unreasonably interfere with the use and enjoyment of another's property can be sued.

Do you have any questions about today's column, or about any legal issue? If so, please call our office. Our attorneys have years of experience with a wide variety of legal issues, from wills and estates to bankruptcy and neighborly disputes. We pride ourselves on thoughtful advice and friendly service for all of our clients. If you have any questions, call 952-226-1202 to make an appointment. Our address is Our firm works out of Savage, MN. Multiple Services. Singular Commitment.

HINT: When a neighbor does something that is unreasonable or unlawful that interferes with the use and enjoyment of a nearby residence, the neighbor can be sued for creating a "private nuisance."

Going Through The Motions (4-22-13)

Prior to going to trial, it is common for parties in a civil case to file certain motions with the court. These pre-trial motions are requests that the court make a decision regarding some issue in the case. Commonly, motions are filed that ask the court to allow a plaintiff to amend a complaint, or which ask the court to order the other party to comply with discovery requests. Another common motion involves asking the court to dismiss the charges against a particular defendant. Prior to trial, conferences may also be called to allow both sides to discuss the issues of the case. These pre-trial conferences are intended to lessen delays in trial proceedings.

If you have any questions about today's column, or about any aspect of our legal system, please call our office today. Our attorneys provide a balanced range of legal services combined with a singular commitment to our clients. We are positive and energetic, responding to our clients' needs with clarity, diligence, and integrity. If you would like to make an appointment, please call our offices at 952-226-1202. Our firm works out of Savage, MN. Multiple Services. Singular Commitment.

HINT: Either party in a civil case can file a motion for summary judgment, which requests the court to decide the case on the merits prior to trial because there are no disputed facts.

All In The Execution (4-8-13)

Those appointed executors of estates must abide by certain laws, regulations, standards, and guidelines while probating the estate of the deceased who appointed them. While the process is not necessarily complex, it helps to have some knowledge and experience when filing a petition in probate court to have the deceased's will validated, notifying creditors, and closing off the estate by filing the necessary papers before making distributions to beneficiaries. Because one small error can set the whole process back, most people tend to engage the services of a lawyer to assist them with the probate process. Having someone on the executor's side who has encountered just about every conceivable problem can help greatly to speed the process along.

Are you wrestling with the complex job of estate executor? Are you worried about deciding who should be your executor? Either way, you need the advice of an attorney who has experience with all aspects of estate planning and wills. You need to call our office. Our attorneys have years of experience with all the problems and complications that can arise during the execution of a will. If you have any questions, call 952-226-1202 to make an appointment. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: The document issued by the probate court appointing an executor to commence probate of a deceased person's estate is known as the "letter of authority."

Trusted Advice (3-25-13)

For whatever reason a parent might have in mind to disinherit a child, he or she should be cautioned that children who are omitted from wills are likely to sue for their inheritances. They are not likely to win their lawsuits, but their legal actions may well prove so costly to the other children that they find it less burdensome to settle with the disinherited sibling. With this in mind, parents who entertain thoughts of omitting children from their inheritance plans may want to think instead about putting the child's share of the estate in a trust. Then, the parents can spell out when and how their estranged child can get any money or income from the trust.

Writing a will can be hard enough. Writing a will when dealing with the implications of an estranged child can be exhausting and complicated. If you have any questions about how to write a will or any other aspect of estate planning, please call our offices at 952-226-1202 for an appointment. In addition, we also provide counsel dealing with bankruptcy, estate planning, wills, trusts, and real estate laws. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: If there is a potentially controversial element in your will, you may want to discuss the matter with your heirs beforehand or write an explanatory letter to accompany your will.

Preventing Foreclosure (3-11-13)

In recent times, we have seen that some people have debt problems so severe that they're threatened with foreclosure on their homes. When faced with this frightening prospect, homeowners may want to consult with an attorney about possible defenses to foreclosure. For instance, it may be possible to show that a lender made false or deceptive representations about the loan. If homeowners find themselves with high-interest loans, or they were not told the truth about the loan, a lawyer may be able to help. Otherwise, an attorney may prove helpful in working out a solution with the lender that satisfies both parties. It is in everyone's best interest that the homeowner remains in the home and that payments are made.

If you have any questions about foreclosure, or about bankruptcy, please call our office. Our attorneys provide a balanced range of legal services combined with a singular commitment to our clients. We are positive and energetic, responding to our clients' needs with clarity, diligence, and integrity. In addition to help with foreclosures, we offer counsel for issues dealing with estate planning, contract law, and business law. If you have any questions, call 952-226-1202 to make an appointment. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: The state requires that lenders follow certain procedures when foreclosing on a home. Homeowners in this difficult situation should make it a point to see that they are followed.

Legal Issues Without The Drama (2-25-13)

Many of us are accustomed to seeing legal issues played out on TV and in the movies. If not murder, the plot may revolve around a class action suit against a corporate outlaw. In any case, there is likely to be high drama in the courtroom. While such cases do occur, the average person usually has a much less dramatic involvement with the law. In fact, most people's acquaintance with legal issues is limited to real estate matters. That is, people are far more likely to engage the services of an attorney to handle the purchase or sale of a home than to sue a corporate polluter. With this in mind, whom would you call if you needed a lawyer?

You should call our office. Our thoughtful attorneys have years of experience dealing with a wide variety of legal issues, including estate planning wills, trusts, corporate law, and real estate law. We can provide you with the expert counsel you want and the thoughtful personal service that you need. If you have any questions or would like to schedule an appointment, please call 952-226-1202. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: At the very least, everyone should have a family lawyer to handle wills and consult with about liability matters.

What If? (2-11-13)

If a person becomes incapable of managing his or her affairs due to illness, disease, injury, or old age, it has been traditionally necessary to go to court to get a conservator of his or her estate appointed. Because conservator proceedings can be lengthy, expensive, and emotionally challenging, it's certainly preferable to avoid the necessity of this procedure by signing a "power of attorney" before such need arises. This document gives another person the right to act on the grantor's behalf. While "ordinary" power of attorney ends with the incapacitation of the grantor, a "durable" power of attorney enables the individual holding the power of attorney to act and/or make decisions on behalf of the grantor until the grantor's death.

Thinking ahead to your old age isn't pleasant, but it can be very important for you and for your loved ones. If you would like to do the responsible thing and plan ahead, please call our office. Our attorneys have years of experience dealing with all aspects of estate planning, including writing powers of attorney, and we will work with you to be certain that you and your family are as prepared as possible. In addition, we can help with trusts and wills. If you have any questions, call 952-226-1202 to make an appointment. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: "Limited" power of attorney permits the designated individual to handle a specific situation for the grantor.

Non-Competing Interests (1-28-13)

If you are considering selling your business here or elsewhere, you should find out if the state where the transaction will occur allows "non-compete agreements." These agreements expect the seller to agree not to compete after the business is sold. Even in some states that allow non-compete agreements, to be enforceable, such agreements must be strictly limited by time, geography, and scope. This is because judges are not overly willing to restrict a person's right to earn a living despite the buyer's insistence that you not go into a competing business that will cut into his or her income. Before signing such agreements, sellers should know how much they are being compensated and how much it will restrict them.

Business and contract issues are clearly a subtle and complex area of the law. That's why, if you have any legal questions about a contract, you should call our office. Our experienced attorneys have spent years learning the intricacies and nuances of our state's law. let us use the knowledge to make sure that you get a fair deal in all your contracts and transactions. In addition to contract law, we also provide counsel for issues involving family law, real estate, and estate planning. If you have any questions or would like to schedule an appointment, please call 952-226-1202. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: Those planning to retire or go into a completely different kind of work may have no problem signing a non-compete clause.

Hard Realities of Will Software (1-14-13)

If you are finally thinking about drawing up a will, you may be tempted to purchase a software product that costs less than what a lawyer might charge. While these products are designed to guide you through an interview with the goal of identifying your intentions, they may have limitations that render them suitable only to those with the simplest set of circumstances. They may have outdated information or insufficient detail regarding state estate law. Will software may also be so inflexible that it doesn't allow you to distribute property in exactly the way you intend, or it may be so flexible that you may add clauses that contradict other parts in the will. Your family deserves better.

If you feel it's important for your estate to be divided up according to your wishes, and not according to some generic piece of software, then you need to call our office. Our attorneys have years of experience dealing with all aspects of estate planning, including writing complex wills, and we will work with you to be certain that your wishes are carried out after you're gone. In addition, we can help with trusts, living wills, and power of attorney. If you have any questions, call 952-226-1202 to make an appointment. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: A do-it-yourself will may be incomplete in that it doesn't address the creation of a special-needs trust or the specifics of compensating an executor, all questions that a lawyer would likely address.

Executive Decision (12-31-12)

People are usually very flattered when asked to be the executor of an estate because the job requires executors to have the highest ethical standards while following a set of established rules and procedures. However, as the reality of being thrust into the unfamiliar world of probate courts and reading complicated documents sets in, some executors may come to realize they are not up to the task. Matters may be further complicated by heightened emotions and the impatience of beneficiaries. When a person resigns as executor after having started probate court proceedings, he or she can submit his or her resignation and give the court a written record of what has been done. The court will then appoint a replacement.

Do you have any questions about the position of executor, or about any aspect of estate planning? If so, please call our office right away. Our lawyers have years of experience navigating the complex world of wills, trusts, and probate, and we can work with you to ensure that your wishes are followed even after you are gone. If you have any questions or would like to schedule an appointment, please call 952-226-1202. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: Before accepting the role of executor, carefully examine your own capabilities and energy.

Tough Times, Tough Decisions (12-17-12)

As the media heralds difficult economic times, many people are finding themselves in personal debt crises. While this problem can cause embarrassment, it can be addressed in a constructive manner. By enlisting the help of an attorney who is experienced in the legal aspects of debt and bankruptcy, people with debt issues can begin the journey back to financial well-being. Chapter 7 bankruptcy cancels most of a person's debts by empowering the bankruptcy trustee to liquidate all of his or her non-exempt properties for the benefit of creditors. Chapter 13 bankruptcy allows a person to keep all of his or her property by agreeing to restructure his or her debt and repay it over time.

Do you have any questions about the different sorts of bankruptcy option that are available to you? Please call our offices for an appointment with one of our discreet and compassionate attorneys. We can provide you with the thoughtful legal advise you need and the understanding and respect that you deserve during this difficult time. In addition to bankruptcies, we also handles cases dealing with corporate law, real estate law, and estate planning. If you have any questions, call 952-226-1202 to make an appointment. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: Chapter 7 bankruptcy is sometimes referred to as "liquidation" bankruptcy while Chapter 13 bankruptcy is called "reorganization" bankruptcy.

Fighting Foreclosure in Court (12-3-12)

If you are being foreclosed upon, it may be worth fighting the foreclosure in court if the foreclosing party failed to follow the law or you were deprived of an important right. At the very least, significantly delaying the foreclosure lawsuit could buy you more time in your home. Also, as is often the case, you cannot really get a firm grasp on whether a foreclosure is illegal until you gain access to internal bank documents. After a lawsuit has been filed, your attorney can enter into "discovery" proceedings, which require that documents be produced. Although a lawsuit may be costly, it may prove to be worthwhile in cases in which the foreclosure lawsuit is dismissed.

Are you wrestling with the legal issues surrounding foreclosure? Do you have any questions about your rights? If so, please call our office. Our discreet attorneys have years of experience dealing with a wide range of legal issues, including foreclosure and bankruptcy, and we can provide you with the compassionate counsel that you deserve during this difficult time. We also accept cases dealing with corporate law, estate planning, and real estate issues. If you have any questions or would like to schedule an appointment, please call 952-226-1202. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: If foreclosure on your home is filed against you while you were on active duty in the military, you can automatically receive a nine-month postponement of the proceeding by requesting one from the court in writing.

Acting Out of Spite (11-19-12)

As one might suspect, the (in)actions of neighbors often draw people into legal disputes. One of the more common bases for such disputes is what is known as a "spite fence." This term refers to a fence that is constructed for the sole purpose of annoying a neighbor. Typically, when a fence unnecessarily exceeding six feet in height is erected or maintained to annoy the occupants of an adjacent property, it can be deemed a private nuisance. In such cases, those deprived of the right to enjoy their own property have the right to sue for damages for their injury. A fence that shuts out air and light from a neighbor's view is illegal in most areas.

If you have an acrimonious relationship with your neighbor, you need to call our office. Our lawyers have years of experience dealing with the these sorts of cases and we can help you settle the issue with thoughtful advice and legal acumen. And, if you go to court, we can give you the representation you deserve. We also provide counsel in cases dealing with real estate law, estate planning, and corporate law. If you have any questions, call 952-226-1202 to make an appointment. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: Trees can constitute a fence when it comes to defining a spite fence.

Credit Counseling (11-5-12)

Before filing for Chapter 7 bankruptcy, an individual must first seek credit counseling from an agency approved by the U.S. Trustee's office for their region within a 180-day period before filing. The goal of credit counseling is to provide a sense of whether a person really needs to file for bankruptcy or if an informal repayment plan will suffice to get a person back on sound financial footing. This requirement does not apply if there is no credit counseling agency within a prospective bankruptcy filer's region. Also, the law does not require participants to necessarily agree to the repayment strategy proposed by the agency. However, the plan must be filed along with other bankruptcy documents.

Are you contemplating bankruptcy? Do you need a lawyer to help you through this difficult time? If so, please call our office to make an appointment with one of our compassionate and discreet attorneys. We understand the emotional difficulties as well as the legal ones that accompany filing for bankruptcy and we can provide your with the thoughtful counsel you need and the understanding that you deserve. Please call 952-226-1202 to schedule an appointment to discuss your case. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: In a Chapter 7 bankruptcy, the filer gets to cancel certain types of debt, including most credit card, medical, and legal debts. However, debts such as child support, alimony, back taxes, and others cannot be discharged.

Debts Not Covered By Bankruptcy (9-24-12)

Consumers considering bankruptcy should know what obligations bankruptcy does not affect. For instance, obligations defined as "domestic support obligations" are not dischargeable. Such obligations include child support, alimony, and any other debt that is in the nature of alimony, maintenance, or support. For instance, a spouse may have previously agreed to pay for the other spouse's (or child's) future living expenses in exchange for lower support payments. If so, this obligation to pay future expenses may be considered as support owed and, thus, nondischargeable. However, to be considered so, the domestic support obligation must have been established in a separation agreement, court order, or determination made by a child-support enforcement agency.

Issues of debt, bankruptcy, and domestic support obligations are complicated on their own. When you combine them, they can become very tricky indeed. That's why you need to call our office. Our lawyers have years of experience dealing with the nuances of these areas of law and we can help you understand how they interact and how the law affects you. We also provide counsel in cases dealing with real estate law, family law, probate, and estate law. If you have any questions, call 952-226-1202 to make an appointment. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: Student loans are very difficult to discharge under bankruptcy, requiring the filing of a separate action in the bankruptcy court and a ruling in favor of "undue hardship."

Buying a Home? (9-10-12)

When purchasing a home, a real estate attorney may be as important to you as a real estate agent. Whether or not the state requires a lawyer to be part of the home buying process, an attorney may perform the invaluable service of overseeing the entire process, including checking for compliance with all the terms and conditions of the sales contract. Real estate attorneys may also perform a title search, explain the effect of any easements or use restrictions, negotiate or represent you in a contract dispute with the seller, and represent you at the closing. Other services include reviewing covenants, conditions, and restrictions (CC&Rs); community interest development agreements; co-op proprietary leases; and new-home contracts drawn up by the developer.

Are you thinking about buying a home? If so, you may need an attorney to help. Our experienced attorneys have the expertise you need in a wide variety of real estate issues, and can provide you with the legal expertise you need to feel secure in the largest purchase you're likely to make. In addition to real estate law, our practice also takes cases dealing with bankruptcy, estate planning, wills, trusts, and corporate law. If you have any questions or would like to schedule an appointment, please call 952-226-1202. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: A real estate attorney can also help those buying a house jointly to structure a co-buyer agreement and document how the title will be held.

Debts Not Covered By Bankruptcy (9-24-12)

Consumers considering bankruptcy should know what obligations bankruptcy does not affect. For instance, obligations defined as "domestic support obligations" are not dischargeable. Such obligations include child support, alimony, and any other debt that is in the nature of alimony, maintenance, or support. For instance, a spouse may have previously agreed to pay for the other spouse's (or child's) future living expenses in exchange for lower support payments. If so, this obligation to pay future expenses may be considered as support owed and, thus, nondischargeable. However, to be considered so, the domestic support obligation must have been established in a separation agreement, court order, or determination made by a child-support enforcement agency.

Issues of debt, bankruptcy, and domestic support obligations are complicated on their own. When you combine them, they can become very tricky indeed. That's why you need to call our office. Our lawyers have years of experience dealing with the nuances of these areas of law and we can help you understand how they interact and how the law affects you. We also provide counsel in cases dealing with real estate law, family law, probate, and estate law. If you have any questions, call 952-226-1202 to make an appointment. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: Student loans are very difficult to discharge under bankruptcy, requiring the filing of a separate action in the bankruptcy court and a ruling in favor of "undue hardship."

Buying a Home? (9-10-12)

When purchasing a home, a real estate attorney may be as important to you as a real estate agent. Whether or not the state requires a lawyer to be part of the home buying process, an attorney may perform the invaluable service of overseeing the entire process, including checking for compliance with all the terms and conditions of the sales contract. Real estate attorneys may also perform a title search, explain the effect of any easements or use restrictions, negotiate or represent you in a contract dispute with the seller, and represent you at the closing. Other services include reviewing covenants, conditions, and restrictions (CC&Rs); community interest development agreements; co-op proprietary leases; and new-home contracts drawn up by the developer.

Are you thinking about buying a home? If so, you may need an attorney to help. Our experienced attorneys have the expertise you need in a wide variety of real estate issues, and can provide you with the legal expertise you need to feel secure in the largest purchase you're likely to make. In addition to real estate law, our practice also takes cases dealing with bankruptcy, estate planning, wills, trusts, and corporate law. If you have any questions or would like to schedule an appointment, please call 952-226-1202. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: A real estate attorney can also help those buying a house jointly to structure a co-buyer agreement and document how the title will be held.

All in the Execution (8-27-12)

While a person might be flattered that he or she has been appointed executor of someone's estate, accepting the role necessitates some hard thinking. An estate executor is likely to find the job to be lengthy and exhausting. Generally, it is the estate executor's job to protect a deceased person's property until all debts and taxes have been paid, after which the remaining funds and property must be transferred to the people entitled to them. Among the many tasks required to be performed are: filing the will with the probate court, working with banks and other financial institutions, selling real estate, taking inventory of everything in the estate, and figuring out all liabilities. Not everyone is up to the task.

Do you have any questions about being an executor? Perhaps you're worried about choosing an executor for your will? Our lawyers have years of experience with all aspects of estate planning and we're happy to advice you, no matter what your situation. In addition to estate law, we accept cases dealing with bankruptcy, real estate law, and corporate law. Call 952-226-1202 to make an appointment today. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: Many people come to the conclusion that estates are best executed by lawyers, who are familiar with the procedures and do not have an emotional stake in the proceedings.

Anticipating the Worst (8-13-12)

According to a recent AARP poll, only 36 percent of Americans have a living will, a document that outlines certain procedures that a person does or does not want to have performed under certain circumstances. For instance, some people do not want feeding tubes or respirators used to prolong their lives. A living will makes such preferences known in the event a person cannot communicate his or her desires. Moreover, since living wills cannot anticipate every circumstance, everyone is urged to give someone he or she trusts "durable power of attorney for health care." Doing so gives that person, known as the health-care proxy, the right to make medical decisions on behalf of the incapacitated person who gave the authority.

Clearly, a living will is a vital document to ensure that your wishes are carried out if you're not able to voice them. If you're interested in writing a living will or any other aspect of estate planning, you need a to call our office to schedule an appointment. Our compassionate and experienced attorneys will guide you through the process of writing a living will. In addition, we're happy to accept cases dealing with real estate law, bankruptcy, and corporate law. Please call 952-226-1202 to schedule a free initial appointment to discuss the merits of your case. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: If your situation is complex, consider consulting an attorney when drawing up a living will or giving someone "durable power of attorney" to oversee your finances.

Being Sued by a Creditor? (7-30-12)

If a creditor is suing you, it will usually be in the state where you live or where the transaction transpired. In the event that where you live is different from where the transaction occurred, the creditor will usually select the state where you live to file the lawsuit. The reason for this is that the court requires a substantial connection between you and the state in which you are being sued. On the other hand, some contracts may specify that you agree to be sued where the company is located even if it is a considerable distance away. If so, you may be able to resist being sued on a consumer contract in a state other than yours.

These are difficult times, financially. We understand. If you're being sued by a creditor or considering bankruptcy, you want a lawyer with experience, expertise, and compassion. Our experienced lawyers have spent years providing counsel in a wide spectrum of cases, including those that involve creditors. If you have any questions, call 952-226-1202 to make an appointment. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: Once a creditor has selected the state and county in which to sue a debtor, the creditor must choose either small claims court or the state's civil court.

Going Corporate (7-16-12)

One of the primary reasons that corporations are formed is that they provide limited liability protection to their owners. A corporation is considered to be an "individual," with the same rights, duties, and obligations as any individual. In order to preserve this legal separation between the corporation and its owners, officers, and directors, it is necessary to comply with all the requirements in running the corporation. Furthermore, the corporation must be properly set up with the adoption of corporate bylaws, the issue of corporate stock, the transfer of assets to the corporation, the issuance of proper state and local licenses in the corporate name, and an announcement that the business is operating as a corporation.

Do you have any questions about corporate structure, liability, or other business law issues? If so, you need a good lawyer who has experience with corporate law. Our attorneys provide representation in many areas of the law, including bankruptcy, estate planning, wills, trusts, real estate law, and, of course, corporate law. Please call 952-226-1202 to schedule an initial appointment to discuss the merits of your case. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: Like a person, a corporation can enter into contracts, sue and be sued, and pay taxes separately from its owners.

Withstanding A Challenge (7-2-12)

A "living trust" ensures that property will go directly to the deceased's inheritors without going through probate. One of the additional advantages of creating a living trust is that it is generally considered to be more difficult to successfully challenge a living trust than a will. The reason for this is that the trust creator's continuing involvement with a living trust (such as transferring property and making amendments) after its creation provides proof that the trustor was competent to manage his or her own affairs. In order to challenge the validity of a trust, it would have to be proven that the trust's creator was mentally incompetent or unduly influenced by someone, or that the trust was flawed.

If you have any questions about living trusts or wills, or any aspect of estate planning, please call for an appointment at our office. Our experienced lawyers have spent years providing in a wide spectrum of cases, including those that involve real estate law, estate planning, and matters of probate. If you have any questions, call 952-226-1202 to make an appointment. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: The primary reason for setting up a revocable (living) trust is to save families the time and expense involved with going through probate.

Separations (6-18-12)

Each member of an unmarried couple owns only his or her own property unless the couple agrees to share ownership of specified property. In order to be enforceable, an agreement to own property together often must be in writing. However, if an unmarried couple decides to keep each person's property separate, it is similarly a good idea to create a written agreement that lists the property of each individual. That way, each is free to give his or her property to whomever he or she wishes. If property ownership is shared, each is free to dispose of his or her share only according to the terms of a written contract or in a tenancy in common or partnership.

Estate matters can be particularly complicated when your family doesn't conform to "traditional" definitions. If you have any questions about any aspect of this evolving area of the law, please call our office. Our experienced attorneys have the expertise you need to make sure that your legal issues are settled equitably, whether you were legally married or not. If you have any questions or would like to schedule an appointment, please call 952-226-1202. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: Property held by unmarried couples in joint tenancy automatically goes to the survivor.

According to Precedent (6-4-12)

Our system of "common law" is based on the ancient law of England that ensures fair and equitable judgment. Alongside statutes and ordinances, court-made laws serve as "precedents" that guide future courts faced with similar decisions. Thus, whenever a judge writes an opinion deciding a case, it is an important matter for all those living under the law because that court-made law becomes part of the common law and will affect anyone faced with similar situations. Decisions made by lower courts may be implemented, but do not necessarily bind other state courts to make the same decision. However, decisions made by the highest court in the state (Supreme Court) are rulings that bind other courts.

Our legal system is complex and can be confusing. If you have any questions about any aspect of the law, or if you need a good lawyer, please call our office. Our experienced lawyers have spent years providing in a wide spectrum of cases, including those that involve estate planning, real estate law, probate, and bankruptcy. If you have any questions, call 952-226-1202 to make an appointment. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: Decisions made by the state Supreme Court bind all other state courts until time, custom, and social change compel the court to change the doctrine. Otherwise, the legislature can change the law.

Naming A Personal Guardian (5-21-12)

Among the many gut-wrenching prospects that people face when drawing up their wills is the matter of who will care for their minor children in the event that one or both parents die before the children reach adulthood. As a general matter, if both parents are willing and able to care for the children, and one of them were to die, the remaining parent would take over physical custody and assume responsibility for the children's care. If a single parent or both parents were to die, there must be a plan in place that addresses the care of the children. This involves naming a personal guardian for minor children in the will after consulting with potential candidates.

Naming a personal guardian for your children is a decision that is as difficult as it is vital. You need a thoughtful and compassionate attorney to help you through making these complicated decisions. Let us help. We have years of experience dealing with all aspects of estate planning, including wills, trusts, and, of course, naming a guardian. If you have any questions or would like to schedule an appointment, please call 952-226-1202. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: Both parents should name the same person as guardian in each of their wills to avoid the possibility of a dispute in the event that both parents were to die together.

Can Bankruptcy Prevent Foreclosure? (5-7-12)

Homeowners faced with foreclosure might want to consult with an attorney about filing for Chapter 13 bankruptcy to save their homes. Once the filing is made, the federal bankruptcy court issues a "stay" that bars all creditors (including mortgage lenders) from attempting to collect on debts without the court's permission. Once a repayment plan is approved, homeowners filing Chapter 13 bankruptcy are protected from foreclosure during the plan's entire period as long as they continue to make the required plan payments and loan payments. The debt repayment plan must show that the Chapter 13 filer has enough income to continue to make mortgage payments, gradually make up missed payments, and pay back a percentage of other debts.

Bankruptcy and foreclosure issues are emotionally fraught and legally complicated. Our experienced attorneys understand and we provide you with the legal counsel you need as well as the compassion and discretion that you want during this trying time. In addition, we can also provide representation in matters involving real estate law, estate planning, and matters of probate. If you have any questions, call 952-226-1202 to make an appointment. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: Chapter 13 bankruptcy enables those who stick to their repayment plans to wipe out unsecured debt, which frees funds to pay mortgage payments.

In Your Particular View (4-23-12)

While no one has the "right" to air, light, and a view without being granted such in writing by a (local) law or subdivision rule, that does not mean that someone can deliberately block someone else's view. For instance, if a homeowner wants to preserve a view that a neighbor intends to block with a fence or building, it may help to resolve the matter by finding a local law that regulates the height of fences (and trees that serve as fences) and places limits on the height and square footage of buildings and structures. If there is an ordinance that violates the law, the first step involves talking to the neighbor or writing a letter that explains the violation.

Dealing with disputes between neighbors can be a thorny issue, one that requires not only a thorough understanding of the law, but also compassion, understanding, and a delicate touch. Our attorneys can offer you the good advice you need to handle your issue properly, before it escalates into something ugly. In addition to real estate law, we also handle cases involving family law, wills, and probate. If you have any questions or would like to schedule an appointment, please call 952-226-1202. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: In many cases, a "lawyer letter" will help resolve a problem between neighbors and avert the need to take legal action.

Saving Your Home (4-9-12)

While a Chapter 13 bankruptcy may help those facing foreclosure to come up with a payment plan that helps them keep their homes, Chapter 7 bankruptcy is more suitable for those who are current on their mortgage payments but face future problems meeting this obligation. Thus, Chapter 7 bankruptcy may help prevent foreclosure in the long run by making a mortgage more affordable. It does so by getting other debts cancelled, which makes more money available for making payments on a first mortgage. On the other hand, Chapter 7 bankruptcy is called "liquidation" bankruptcy because, although it may cancel debts, the bankruptcy court may have to sell (liquidate) some assets for the benefit of creditors.

Wrestling with foreclosures and bankruptcy is a difficult issue, one that is fraught with legal complexities and emotional pain. Our experienced attorneys understand and provide you with the legal counsel you need as well as the compassion and discretion that you want during this hard time. If you have any questions, call 952-226-1202 to make an appointment. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: Chapter 7 bankruptcy is well-suited to homeowners facing a higher reset on their adjustable mortgage interest rate that they do not anticipate being able to afford.

Who Will Have The Final Say? (3-26-12)

According to one recent survey, only slightly more than one-third of Americans have a will and fewer than half have any estate-planning documents in place. While very few people are comfortable with thinking about dying, it certainly helps to have a will. A will helps surviving family members cope with a most difficult period in their lives, and it designates an executor to carry out important decisions. Otherwise, people who die without a will (intestate) must rely on the court to distribute the deceased's property according to state law. This is a prospect that may be even more distasteful to most than drawing up a will, in which case, this important matter should be addressed.

We understand how unpleasant it can be to spend time contemplating your own death. Our compassionate and experienced attorneys will provide you with the understanding you want as well as the thoughtful counsel that you need to be certain your wishes are carried out after you are gone. In addition to wills, we also provide representation for cases involving family law, probate, and real estate law. If you have any questions or would like to schedule an appointment, please call 952-226-1202. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: The property of people who die intestate (without a legal will) and with no family members to inherit goes to the state.

Protection From Landlord Reprisals (3-12-12)

Tenants who deduct money from their rent for good reason, or complain to a government agency about unsafe or illegal living conditions, may wind up on their landlords' bad side. At worst, they may find themselves on the receiving end of retaliation. As a result, landlords may react by terminating a month-to-month tenancy or by refusing to renew a lease. Otherwise, landlords may retaliate by increasing the rent or decreasing services. Some renters who find themselves the object of their landlords' retaliatory moves decide that it is in their best interests simply to vacate the premises. Others decide to take a stand. If so, the first step in standing up for their rights is for renters to review state statutes.

Do you have any questions about landlord-tenant law? It can be a fraught issue, with a lot of emotional aspects. You need clear-eyed advice to help you through what can be a difficult time. At our office, our experienced attorneys can provide you with thoughtful counsel for a wide variety of everyday legal issues, from landlord-tenant conflicts to estate planning and bankruptcy. If you have any questions, call 952-226-1202 to make an appointment. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: Sometimes, a letter from a lawyer outlining the rights of a tenant may help a landlord see the error of his or her ways.

Discrimination at Work (2-27-12)

Employees faced with discrimination may file a lawsuit against their employers on the basis of being intentionally treated differently or not being accommodated as legally required. For instance, an employee may be excluded or neglected for advancement on the basis of age, race, gender, or disability. Discrimination suits may also arise out of pay disparity, unfair job assignment, or the failure to promote solely on the basis of job-related performance and experience. Of course, an employee cannot win a discrimination case simply by making an allegation. It is necessary to prove an employer's improper motive, that the employee was qualified to do a job that was not offered, is a member of a protected class, and suffered an adverse reaction.

Do you have a question about on-the-job discrimination, or about any aspect of employment litigation? Our attorneys provide experienced legal counsel for a wide variety of cases, including estate planning, corporate law, and real estate law. We take pride in offering thoughtful personalized legal services to our clients. If you have any questions or would like to schedule an appointment, please call 952-226-1202. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: If unfair treatment stems from a personality dispute that is not based on membership in a protected class, it is not illegal.

Does A Handshake Seal the Deal? (2-13-12)

When making important agreements, people are often advised to "get it in writing." This admonishment likely stems from a statute of frauds and perjuries that was enacted in England in 1677 that required certain contracts to be in writing in order to be enforceable. If contracts were not in writing, the courts would not intervene. Subsequently, all 50 states and the District of Columbia have adopted versions of this law, referred to as the "statute of frauds." To be enforceable, a written contract need only contain such requirements as the subject matter, the price, and when the contract is to be performed. Most states require the other party to sign the contract, and some states require both parties to sign

The sad fact is, handshake deals aren't worth it. If you have any questions about a contract or about any aspect of corporate law, please call our office. Our lawyers provide thoughtful legal counsel in a wide variety of cases, including bankruptcy, estate planning, and corporate law. We will work to make sure you understand all aspects of a contract before you sign it. Call 952-226-1202 to make an appointment today. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: Under some circumstances, a court will enforce an oral contract for the sale of goods more than $500.

Claiming Breach of Contract (1-30-12)

A civil case involving breach of contract involves violation of the terms of a legally valid contract. Typical cases range from a borrower's failure to repay a loan to a company's refusal to pay agreed-upon compensation to an independent contractor to a seller's refusal to honor an oral agreement. The four cornerstones upon which a plaintiff builds a successful case are formation (the two sides have a legally binding contract), performance (the plaintiff did everything required under the contract), breach (the defendant failed to do what the contract required), and damages (the defendant's breach caused the plaintiff to suffer financial loss). For the plaintiff to win his or her case, all these individual elements must be proven at trial.

Do you have a question about breach of contract, or about any legal issue? Our attorneys provide experienced legal counsel for a wide variety of cases, including bankruptcy, estate planning, wills, trusts, and, of course corporate and contract law. We take pride in offering thoughtful personalized legal services to our clients. If you have any questions or would like to schedule an appointment, please call 952-226-1202. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: Oral agreements are often enforceable, although plaintiffs may have difficulty proving their terms.

Going Into Business for Yourself? (1-16-12)

Most people who go into business for themselves legally structure their businesses as "sole proprietorships" because they are relatively inexpensive and easy and fast to set up. However, a sole proprietorship is only possible when a business is owned by one person (and spouse). Owners of sole proprietorships are personally responsible for all business debts while a limited liability company (LLC) and corporations usually shield their owners' assets from such debts. Unlike a corporation or an LLC that elects to be taxed as a corporation, a sole proprietor and his or her business are considered to be one and the same legal entity for tax purposes. Consequently, business income, expenses, and deductions are reported on the owner's individual tax return.

Are you considering starting your own business? Do you have questions about the long-term legal and financial ramifications of how you choose to structure your business? If so, you need to call our office. Our experienced attorneys provide counsel for a wide variety of legal issues, including real estate, probate, wills, family law, and, of course, business issues. If you have any questions, call 952-226-1202 to make an appointment. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: In a "general partnership," the business-related acts of one partner legally bind all others.

Enough Cash To Go Around? (1-2-12)

One issue that must be addressed by the executor of a will is that there are sufficient liquid assets (cash or assets that can be quickly converted to cash) to pay the bills of the deceased's estate. If there are not enough funds to cover the debts, assets must be sold, which should be done prior to distributing property to beneficiaries. If there are not enough assets to pay all the debts, state law will dictate the priority with which outstanding debts must be paid. As a general matter, funeral expenses, family allowances, lawyers' fees, court costs, and executor's fees are to be paid in full (or to the extent possible) before other, lower priority creditors are paid.

If you have any questions about the duties of an executor or about writing or executing a will, then you should call our office. We have years of experience dealing with all aspects of estate planning, wills, and probate, and we can provide the professional guidance you need as you move through these complex decisions. In addition to wills, we can also provide representation in matter of family law and real estate law. If you have any questions or would like to schedule an appointment, please call 952-226-1202. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: Executors are usually not responsible for an estate's debts unless they caused the estate to lose money or the executor is the surviving spouse (depending on the circumstances).

The Rights of Renters (12-19-11)

As the state of the housing market leads increasing numbers of people to consider renting as a housing option, they should know that they have certain rights. Landlords are well within their rights to reject a person with a poor credit history, insufficient income to pay rent, negative references from a previous landlord or employer, or a prior eviction lawsuit. On the other hand, the Federal Fair Housing Acts prohibit discrimination on the basis of race, color, religion, national origin, gender, age, familial status (having children), and physical or mental disability. With this in mind, anyone who feels that he or she has been unlawfully discriminated against may try to negotiate an acceptable settlement or file a lawsuit.

If you have any questions about landlord or renters rights, or about any legal issue at all, please call our office. We are proud to take cases that involve bankruptcy, estate planning, wills, trusts, corporate law, and real estate law. Our attorneys provide a balanced range of legal services combined with a singular commitment to our clients. We are positive and energetic, responding to our clients' needs with clarity, diligence and integrity. If you have any questions, call 952-226-1202 to make an appointment. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: When two or more people sign the same rental agreement or lease or enter into the same oral rental agreement, they are co-tenants and share the same legal rights and responsibilities.

For Renters (12-5-11)

Conditions in the real estate and financial markets are leading numbers of people who have never rented before to look for apartments. If you count yourself among these new renters, you should know the difference between a lease and a rental agreement. While a lease is for a set term, a rental agreement is for a tenancy that may be terminated by either party at any time, usually after giving reasonable notice. Some landlords may favor rental agreements because they don't want to be locked into a fixed term or rent amount. A rental agreement that attempts to lock in a tenant while allowing the landlord to terminate the tenant at any time is not likely to be legally enforceable.

If you have any questions about the difference between a rental agreement and a lease, or about any legal issue, please call our office. Our experienced lawyers provide personalized service for clients in a number of areas, including bankruptcy, estate planning, wills, trusts, corporate law, and real estate law. If you have any questions or would like to schedule an appointment, please call 952-226-1202. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: An agreement that calls for one party to perform while the other party can get out at any time is not a binding contract.

Your End-of-Life Wishes (11-21-11)

If you have deliberated about what kind of medical treatment you would want if you are at the end of your life and unable to communicate, your wishes may be expressed in an end-of-life directive. One such directive, a "living will," clearly states the kind of life-sustaining medical treatment(s) you would/would not want if you couldn't speak for yourself. Documents of this type, which come into play when a person is in a coma or vegetative state, should be in the hands of an attorney or trusted family member or friend. Another directive, known as a "medical power of attorney," allows a select person to be an agent of the non-responsive person and make decisions about his or her care.

Thinking about things like a living will can be uncomfortable or even upsetting. But it's much better if you take care of these things now, instead of leaving them unresolved until there is a crisis. If you are interested in writing any sort of end-of-life document, including a living will, will, or assigning a medical power of attorney, please contact our office at 952-226-1202 to make an appointment. Our attorneys have the compassion you want and the expertise you need to make sure your wishes are carried out. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: Because the laws governing advance directives vary by state, it is important to sign directives that comply with your state's laws.

Are You Willing to be Summarily Dismissed? (11-7-11)

If you are behind on your debt payments and the creditor decides to sue you, he may try to convince the judge that none of the facts of the case are in dispute and that he (the plaintiff) is entitled to payment as a matter of law. For instance, the creditor may say that you signed an agreement, made no payments, and have no valid reason for not paying. If the judge agrees with the creditor filing a "summary judgment motion," he or she can enter the judgment against you without a trial ever taking place. However, if there are important facts in dispute, you have every reason to contact a lawyer and oppose the summary judgment.

During these difficult times, legal and financial issues have become entwined and you need a good lawyer to help you sort out all the details. Our compassionate attorneys have years of experience dealing with the various aspects of financial difficulties and we can help you if you're struggling with debt issues or bankruptcy. In addition, we provide legal services if you're writing a will, dealing with probate, or simply thinking about writing a will. If you have any questions or would like to schedule an appointment, please call 952-226-1202. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: While responding to a summary judgment motion can be complicated, the entire lawsuit may be at stake. Consult with a lawyer to see whether it is worth your while to fight.

Working Solutions (10-3-11)

Employees facing long-term health problems may understandably feel reluctant to discuss the matter with their employers. However, maintaining silence may prove counterproductive since employees who are demoted or fired before making their chronic conditions known may not be covered by the law. Those working at firms with 15 or more employees are protected by federal law, which says that a worker cannot be fired for a disability as long as he or she can perform the "essentials" of his or her job, even if reasonable changes must be made in the work environment. At firms with 50 or more employees, workers are entitled to 12 unpaid weeks of leave within a 12-month period if a physician deems it necessary.

Do you have a question about working with a chronic condition? If so, please call our office. Our lawyers have years of experience dealing with all aspects of the legal system and will be happy to answer all of your questions. Our practice accepts a wide variety of cases, including those that deal with employment litigation as well as wills, estate planning, real estate law, and personal injury cases. If you have any questions, call 952-226-1202 to make an appointment. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: A lawyer with experience in employment law can help guide employees through state and local laws that apply to small companies.

Separate Paths to the Same Place (10-10-11)

Traditionally, it has been common for married couples who were in agreement regarding how their property should be distributed to write a joint will. While this approach would seem to make a great deal of sense, it may be fraught with potential shortcomings. Joint wills are drawn up with the intention of preventing the surviving spouse from changing his or her mind about how the property should be distributed after the death of the first spouse. However, from a practical standpoint, it may create a logjam in which the property is tied up in prolonged title and probate determinations. Moreover, legal battles may ensue in which the surviving spouse is challenged over revoking any part of the joint will.

Writing a will is an emotionally fraught task. Add in these legal complexities and the job becomes all that more difficult. At our office, our compassionate attorneys have years of experience dealing with the various aspects of writing wills, as well as estate planning, probate issues, and other everyday legal issues. We provide the understanding you want as well as the expertise you need. If you have any questions or would like to schedule an appointment, please call 952-226-1202. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: For the reasons cited above, it often makes better sense for a husband and wife to write separate wills even if they agree on how their property should be distributed.

Your Personal Stake In Your Case (10-24-11)

When it comes to determining "special damages" in a personal injury case, plaintiffs and their lawyers can rely on financially quantifiable losses such as medical costs, lost time on the job, and documented income losses to provide them with easily identifiable numbers. However, "general damages" are not as easy to calculate. To begin with, general damages include pain and suffering and other forms of non-economic loss to which it is difficult to attach numbers. Less predictable is the way that a jury might react to a plaintiff's mental anguish or disfigurement. One thing that experienced lawyers do know is that plaintiffs who are sincere and able to make emotional connections with a jury are likely to fare best.

It takes an experienced and savvy lawyer to properly gauge a jury and the proper amount to request for general damages. That's why, if you are considering pursuing a personal injury case, you need to call our office right away. We provide experienced and aggressive representation for clients in a wide variety of personal injury cases and we can make sure you get all the money that you deserve. Call 952-226-1202 to make an appointment today. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: It is part of a lawyer's job to gauge the plaintiff's ability to be a good witness and adequately impress the jury with the seriousness and implications of his or her injury.

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