Hess & Jendro Law Office, P.A.Family Law, Probate & Business Lawyers Serving Elk River MN2026-09-24T06:32:15Zhttps://www.hesslawoffice.net/feed/atom/WordPressby Hess & Jendro Law Office, P.A.<![CDATA[Can grandparents get custody if a parent is unfit in Minnesota?]]>https://www.hesslawoffice.net/?p=476902026-09-24T06:32:15Z2026-09-24T06:32:15ZHow does Minnesota define parental unfitness?
Minnesota courts ask whether a parent can meet a child's basic physical and emotional needs. A single incident rarely proves unfitness. Courts look for ongoing patterns that put the child at risk, such as:
Substance abuse
Untreated mental illness
Domestic violence
Chronic neglect
Failure to meet the child's basic physical or emotional needs
Judges look at whether the parent can realistically change. Minnesota courts focus on the child's overall well-being, including safety, emotional stability and long-term development.
How can grandparents file for custody in Minnesota?
Grandparents must file a custody petition in the county where the child lives and establish legal standing under Minnesota Statutes Chapter 257C. Standing requirements vary based on the grandparent's relationship with the child and the circumstances of the case.
Once the petition is filed, the court schedules a hearing. Grandparents must prove two things by clear and convincing evidence: first, that the parent is unfit or has failed to meet parental responsibilities; and second, that the child will face emotional or physical harm without a custody change. Filing requirements vary by county, so reviewing local district court rules before submitting a petition is advisable.
What evidence do courts review in grandparent custody cases?
Courts consider the child's safety, stability and emotional well-being alongside the grandparent's ability to provide a consistent home. Relevant evidence may include:
Medical and treatment records
School reports
Police reports
Child protection investigation records
Testimony from teachers, doctors or social workers
The existing bond between grandparents and the child is one factor in the best interests analysis. Because Minnesota courts begin with a strong presumption in favor of parental rights, grandparents must be prepared to counter that presumption with thorough, well-organized evidence.
What grandparents should know before filing
Minnesota sets a high bar for grandparent custody cases. Meeting it requires documented, ongoing proof of harm, not just evidence that a parent has struggled. Grandparents who gather records before filing will be better prepared for a hearing. An attorney familiar with Minnesota’s third-party custody laws can help assess standing and identify the documents the court may need.]]>On Behalf of Hess & Jendro Law Office, P.A.<![CDATA[What to do when a neighbor blocks your driveway access]]>https://www.hesslawoffice.net/?p=476862026-09-22T07:43:07Z2026-09-22T07:43:07ZIs it illegal to block a driveway in Minnesota?
Minnesota law generally prohibits stopping, standing or parking in front of a public or private driveway, subject to limited exceptions. Authorities usually treat a violation as a petty misdemeanor. Minnesota law also allows towing in some situations when a vehicle blocks driveway access.
What should you do first?
Take photos showing the vehicle and how it blocks access. If you know the neighbor, a direct conversation may resolve the issue quickly. If the vehicle remains, contact local law enforcement and report the blocked driveway. Keep copies of photos, messages and any reports you make.
What if the vehicle is on private property?
Different rules may apply if the vehicle is parked on private property rather than a public street. Do not move, damage or interfere with the vehicle yourself. Instead, use the proper enforcement or towing process.
When should you consider legal help?
A single incident may be resolved through communication or enforcement. Repeated blocking can create a more serious property or neighborhood dispute, especially if the problem continues after warnings. An attorney can review the property records, local ordinances and the facts to explain possible next steps.
Protect your driveway access
If a neighbor blocks your driveway, act quickly, document the problem and use lawful channels to restore access. Keeping a clear record can help if the issue happens again or develops into a broader dispute.]]>On Behalf of Hess & Jendro Law Office, P.A.<![CDATA[How to handle creditor claims as an estate executor]]>https://www.hesslawoffice.net/?p=476842026-09-18T09:51:20Z2026-09-18T09:51:20ZWhat notice must executors give?
An executor generally must publish a notice to creditors in a qualified newspaper. The notice tells potential creditors that they are administering the estate and sets a deadline for presenting claims. In Minnesota, creditors generally have four months after the first publication of the notice to present a claim.
An executor may also need to give direct notice to certain known or reasonably ascertainable creditors, depending on the circumstances and the type of probate proceeding.
How should executors review claims?
Executors should review each claim before paying it. They may need to confirm that the debt is valid, the amount is correct and the claim was filed on time.
Minnesota law sets out procedures for presenting and handling creditor claims. Executors generally must pay valid claims from estate assets according to the legal order of priority before distributing property to the beneficiaries.
What if the estate does not have enough money?
Some estates may not have enough assets to pay every valid debt. In that case, Minnesota law establishes the order in which claims are paid.
An executor should not simply pay bills in the order they arrive. Paying a lower-priority claim too early can create problems if there is not enough money left for higher-priority claims. An executor who improperly distributes estate assets may face personal liability under certain circumstances.
When should you consider legal help?
Careful handling of probate requirements can help protect the estate and the executor. A probate attorney can review creditor claims, explain which debts must be paid and help ensure that the executor meets applicable notice and deadline requirements.]]>On Behalf of Hess & Jendro Law Office, P.A.<![CDATA[Can you get emergency custody in Minnesota?]]>https://www.hesslawoffice.net/?p=476832026-08-24T16:10:27Z2026-08-24T16:10:27ZWhen emergency custody may apply
Emergency custody is not meant for every dispute between parents. It may apply when a child faces abuse, mistreatment or abandonment. Minnesota law also allows emergency action when a child, parent or sibling faces a serious threat of mistreatment or abuse.
A parent must show facts that support the request. A simple disagreement about school, discipline or parenting choices may not be enough. The court focuses on the child's safety and the need for quick action.
The type of custody order also depends on the family's current situation.
What the court can do
A Minnesota court can issue a temporary custody or parenting-time order in a pending family case. In some cases, the court can issue an order before the other parent has a chance to respond. This type of order requires a finding of immediate danger of physical harm to the child.
Evidence can help the court understand the risk. A parent may use:
Police reports, medical records, photographs, messages or other records that show a safety concern.
The court may also consider whether another state already has a custody case or order. Minnesota's emergency power may be temporary when another state has authority over the custody matter.
These rules can affect how long an emergency order remains in place.
What happens after an emergency order
An emergency order does not always create a permanent custody change. The court may schedule another hearing so both parents can present their positions. The court may then change, extend or end the temporary order.
Parents should keep records that clearly show why the child may be at risk. If a child faces an immediate threat, understanding Minnesota's emergency custody process can help a parent take informed action to protect the child.]]>On Behalf of Hess & Jendro Law Office, P.A.<![CDATA[Can a transfer-on-death deed help you avoid probate in Minnesota?]]>https://www.hesslawoffice.net/?p=476822026-08-07T10:06:54Z2026-08-07T10:06:54ZHow a transfer-on-death deed works
A TODD gives a property owner the legal authority to name one or more beneficiaries who will receive a specific piece of real estate after the owner’s death. The chosen beneficiaries do not get any ownership rights when the owner is alive. The owner can revoke or replace the deed if the situation changes. To be valid, a TODD must meet Minnesota’s requirements for real estate deeds and be recorded in the appropriate county before the owner’s death.
When a TODD may be helpful
A TODD might be useful for homeowners who want to:
Pass a home to family without the property going through probate
Keep full control of the property during their lifetime
Name one or more beneficiaries for the property
Change or revoke the deed before death if plans change
It is also important to understand what happens after the owner’s death.
What happens after the owner’s death
A recorded TODD does not automatically transfer estate title to the beneficiary. Minnesota law requires additional steps before the transfer is complete. Depending on the situation, the beneficiary may need to record documents such as a death certificate and complete other legal requirements before the property can be sold or refinanced. Knowing these rules as part of estate planning for a family home can help prevent delays when transferring the property.]]>On Behalf of Hess & Jendro Law Office, P.A.<![CDATA[What can you do to help your child cope with your divorce?]]>https://www.hesslawoffice.net/?p=476792026-07-03T12:19:18Z2026-07-17T12:14:54ZTalk openly and offer reassurance
Your child needs honest, age-appropriate explanations about the divorce and what it means for daily life. Explain how daily life will change in simple language your child can understand. Reassure younger children that both parents will continue to care for them. Answer older children's questions about living arrangements and schedules as honestly as you can.
Remind your child that the divorce is an adult decision and never their fault. Many children blame themselves for their parents' divorce. Tell your child often that they are loved and not responsible for what happened. These conversations can ease feelings of guilt and anxiety.
Keep routines steady
Familiar routines give your child a sense of security when life becomes uncertain. Keep homework, activities, meals and bedtime as consistent as possible. If you need to make adjustments, introduce them gradually so your child has time to adapt.
Work with your former spouse to keep important rules and expectations similar in both homes whenever possible. Even if your households are not identical, working together on major parenting decisions shows your child that you are both committed to their well-being.
Protect your child from conflict
Keep your child out of disagreements between you and your former spouse. Handle disputes in private and never ask your child to deliver messages or choose sides. Speak respectfully about the other parent because doing so gives your child a sense of security and may reduce emotional stress.
In Minnesota, parents involved in contested custody or parenting time cases are legally required to attend a certified parent education course, and additional resources like family therapy are widely available to support families. Consider using these services to strengthen your co-parenting skills and support your child's best interests. A counselor can also give your child a safe place to talk about feelings they may not want to share at home.
Your actions can support your child after your divorce
The decisions you make involving your child can affect how well they adjust to your divorce. Offer honest reassurance, keep routines steady and protect your child from conflict. If it is necessary, seek help through counseling or community support. With patience and care, you can support your child and take steps toward building their future.]]>On Behalf of Hess & Jendro Law Office, P.A.<![CDATA[How is personal property handled during probate?]]>https://www.hesslawoffice.net/?p=476812026-07-16T12:14:40Z2026-07-16T12:14:40ZWhat counts as personal property?
Personal property covers almost everything the loved one owned that is not real estate. This includes physical items like clothing, household goods and vehicles. It also includes financial assets such as bank accounts, stocks and retirement accounts.
The personal representative must first identify and secure all personal property. They value items to determine their worth for the estate inventory. The personal representative has a duty to protect the estate's value. This means they must protect assets from damage or loss while probate continues.
Which items can avoid probate?
Not all personal property goes through probate. Some assets transfer directly to beneficiaries without court involvement. These include property held in joint tenancy, payable-on-death accounts and assets in a trust.
Minnesota allows some small estates to use simpler procedures. If the total estate value is $75,000 or less, heirs may use a process called collection by affidavit. This allows heirs to claim assets by signing a sworn statement instead of going through full probate. The affidavit must be shown to whoever holds the assets, such as a bank or vehicle title office.
How are personal belongings distributed?
Distribution happens after the personal representative pays all debts. Minnesota law requires a waiting period before final distribution can occur. The personal representative must wait at least four months after publishing notice to creditors. This allows creditors time to file claims against the estate.
Once all valid claims are paid, the personal representative distributes remaining assets. They follow the will or state intestacy laws. When family members disagree about who should receive certain items, the personal representative works to settle disputes fairly. Sometimes this means selling items and dividing the proceeds among heirs.
Managing the probate process
Minnesota law sets no deadline for distributing personal property. However, personal representatives must generally close the estate within 18 months. If someone in your family is serving as personal representative, make sure they understand these requirements. Staying aware of critical dates can help keep the probate process moving forward smoothly.]]>On Behalf of Hess & Jendro Law Office, P.A.<![CDATA[3 risks if a person dies without an estate plan]]>https://www.hesslawoffice.net/?p=476802026-07-09T16:15:32Z2026-07-09T16:15:32Zmajority of adults in the United States do not have wills or any other estate planning documents in place. Their families may then face a much more complex probate and estate administration process.
What are some of the most pressing risks associated with intestate estates not governed by wills or other documents?
1. Unexpected heir rules
People might assume that their live-in romantic partners or grandchildren automatically inherit from their estates, but that is not necessarily true. Intestate succession laws prioritize immediate family members, meaning that spouses, parents and children may inherit the entirety of the estate, while a person's closest loved ones may not inherit anything.
2. Increased familial conflict
When people do not have direct guidance regarding the distribution of property, they may develop a sense of entitlement. Some people may expect to receive a significant portion of the estate. Others might fight over property with either emotional or financial value. Those disputes can cause long-term damage to family dynamics and are typically preventable with valid estate planning paperwork.
3. Probate delays
Without a written estate plan, personal representatives may need to locate and communicate with potential heirs. They may need to navigate disputes about asset distribution. Those responsibilities can potentially increase the timeline for the probate process. Delays can affect the value of estate resources and can frustrate both personal representatives and the heirs inheriting from the estate.
Understanding what might happen if a person dies without a will can be a powerful incentive when it comes to creating estate planning paperwork. Taking greater control of the future can give people peace of mind and protect their loved ones.]]>On Behalf of Hess & Jendro Law Office, P.A.<![CDATA[Commingled assets can become marital assets]]>https://www.hesslawoffice.net/?p=476782026-06-29T13:43:15Z2026-06-29T13:43:15ZMarital assets need to go through property division during a divorce. But not everything that a couple owns qualifies as a marital asset. Some may count as separate assets, meaning one spouse owns them independently and they do not need to go through property division.
One example is an inheritance that a spouse was given directly by their parents. Even if they were already married at the time, this may still count as a separate asset. Another example is when one person brought significant assets to the marriage, such as savings that they had put aside before getting married.
What does it mean to commingle assets?
Commingling assets is the process of mixing them together. Separate assets get mixed in with marital assets. This can change their status so that all of those assets now have to go through property division.To stick with the example of an inheritance, imagine that a person creates a personal bank account where they store the funds from their parents. Since it is only in their name, and they are the only one who can access it, it likely maintains its status as a separate asset.But if the person instead puts the inheritance into the joint bank account that they already opened with their spouse, it blends together with other marital assets, like their savings or income. This can complicate the process because the entire account may qualify as a marital asset that needs to be split up.Often, couples who are going through a divorce get into serious debates over what assets qualify for property division and which ones remain separate assets. While navigating this process, those involved need to know what legal steps to take.
]]>On Behalf of Hess & Jendro Law Office, P.A.<![CDATA[Has a real property co-owner failed to fulfill their obligations?]]>https://www.hesslawoffice.net/?p=476772026-06-11T23:48:31Z2026-06-11T23:48:31ZThe courts can divide ownership
The law allows joint property owners to file a petition initiating a partition action. Partition actions effectively divide ownership. A judge can achieve this goal through several means.
They can order the sale of the property and distribute the proceeds among beneficiaries. They can facilitate one or more property owners buying out the party who fails to make good on their commitments regarding property responsibilities.
They can even subdivide a parcel into multiple smaller parcels so that every owner is responsible for their own. Partition actions help protect people from financial losses and practical inconvenience caused by someone else's refusal to fulfill their ownership responsibilities.
Reviewing a deed for a property, any agreements between owners and other relevant paperwork with a real estate attorney can help people understand their options for ending joint ownership. A successful partition action can terminate a co-owner arrangement that has become imbalanced and unfair.]]>