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October 2013 Archives

Common Causes of Real Estate Disputes

Real estate disputes lead to big, expensive problems. Whether you are an individual purchasing your dream home or a Minnesota business entering into a commercial real estate lease, some of the most common real estate disputes can be avoided with protection from carefully drafted contracts. The most frequent types of real estate disputes include:

Possessions Not Subject to Probate

Probate is the court process by which estates valued at more than $50,000 are settled, whether you have a will or not. With a will in place, you can name your executor - the person who collects and inventories all your property, pays your debts and divides what is left among your heirs. Without a will, the court appoints an executor for you. However, the state of Minnesota excludes certain property from the probate process.

Why File for Bankruptcy?

People have bad debts - that does not make them bad people. The majority of bankruptcies result from situations beyond the debtor's control. While the idea of bankruptcy can be frightening, in some situations, it is the opportunity you need to get back on your feet and start afresh.

As Same-Sex Marriage Is Legalized in Minnesota, Are Divorces Far Behind?

Minnesota same-sex couples celebrated on August 1 when same-sex marriage became legal. However, one couple was the first same-sex couple in line to get divorced. Dawn Tuckner and her spouse married in Canada in 2004 and separated in 2009. They could not divorce in Minnesota because the state did not recognize their marriage. Canada's one-year residency requirement excluded them from divorcing there. Therefore, the couple has been in legal limbo for the last four years. While it is unlikely that the courts will treat the Minnesota same-sex couple any differently from heterosexual couples, there is no case law to guide the courts through legal grey areas. However, insights are available from states where same-sex divorce already exists.

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Hess & Jendro Law Office, P.A.
11070 183rd Circle NW
Suite A
Elk River, MN 55330

Phone: 763-200-6626
Fax: 763-274-1452
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