Married couples may opt to purchase a home during the course of their marriage. They may build their lives in this home and possibly raise their children there, but they probably never believed that the home they loved could lead to legal issues. Once a married...
Elk River Minnesota Legal Blog
How would an executor breach their fiduciary duty?
An executor is responsible for settling a person’s estate after they pass away. How would someone know that an executor of an estate will follow the deceased’s last wishes? Every executor is bound by a fiduciary duty, meaning they must act in the best interests of the...
Why are gray divorce rates going up?
Gray divorce typically refers to couples at a later stage in their lives. For instance, some reports show that the divorce rate for couples 65 and older has tripled in recent years. These divorce cases are often referred to as gray divorce. Interestingly, couples in...
When estate administration requires the sale of a home
Handling estate administration on behalf of a friend or family member can be a challenge. Personal representatives may need to attend hearings in probate court. They have to secure estate resources. They may also need to liquidate assets to distribute their value...
Should you appoint one of your children as executor?
Parents love their children equally, but they also realize that each child has unique strengths and weaknesses. One child may be creative while another is analytical. It may be tempting to name your more organized, financially savvy child as the executor of your...
Has a neighbor violated the boundary between parcels?
Boundary disputes between neighbors can arise for many different reasons. In some cases, boundary issues begin with inaccurate information during a real estate transaction. Property owners frequently describe parcel boundaries using landmarks, such as trees, fence...
What are commingled assets in a divorce?
If you get divorced, the two main categories for assets are marital assets and separate assets. If something is a marital asset, both you and your spouse have a right to it, meaning it must go through property division. If something is a separate asset, it belongs...
3 ways people can address their real estate in an estate plan
During estate planning, testators generally make arrangements for the protection of their dependent family members, such as spouses and children. They also establish beneficiary designations so that specific people inherit the resources from their estate after their...
Should your parenting plan include virtual visitation terms?
These days, people of all ages regularly connect via electronic means. As a result, virtual visitation has become a common component of parenting plans. Virtual visitation refers to using technology – such as video calls, messaging and online gaming platforms – to...
What is a short sale?
Homeowners who can’t afford to continue paying their mortgage may want to try to get out from under it as quickly as possible. One option that some have is to go through a short sale on the home. This means that the homeowner sells the home at a fair market price, but...

