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Transferring Firearms into a Minnesota Estate Plan

Tue, 24 Mar 2026 20:30:26 GMT

Transferring Firearms into a Minnesota Estate Plan

If you own firearms in Minnesota, your estate plan needs to address them—carefully. Firearms are unlike most other personal property. Transfer them incorrectly, and your family could face serious legal consequences, including federal felony exposure. With the right planning, however, you can keep your collection in the family, out of probate, and out of trouble. Here is what every Minnesota gun owner should understand.

First: Categorize the Firearms

The right strategy depends heavily on what kind of firearms the client owns.

Title I (Ordinary Firearms) — standard rifles, shotguns, handguns not regulated by the NFA

Title II (NFA Firearms) — suppressors, short-barreled rifles (SBRs), Any Other Weapons (AOWs), destructive devices

Minnesota-specific note: Machine guns and short-barreled shotguns are banned at the state level in Minnesota, so those two NFA categories are off the table for Minnesota residents entirely.

Option 1: Will / Intestate Transfer (Title I Firearms)

For ordinary firearms, a will works fine. Minnesota’s transfer reporting requirements under Minn. Stat. § 624.7132 do not apply to transfers at death—so the 30-day waiting period and background check requirements for pistol/assault weapon transfers are exempted for estate transfers.

Practical considerations:

• Identify specific firearms and beneficiaries clearly in the will or a personal property memorandum

• Confirm beneficiaries are legally eligible to possess firearms (Minn. Stat. § 624.713)

• Firearms go through probate, which creates a public record

Option 2: Revocable Trust (Title I Firearms)

Titling firearms in a revocable living trust avoids probate and keeps the collection private. This works well for clients with significant collections of ordinary firearms. The trustee takes possession at death and distributes per trust terms without court involvement.

Option 3: Gun Trust (NFA Firearms — Suppressors, SBRs, AOWs)

For clients with NFA-regulated items, a dedicated gun trust is generally the best planning vehicle. Key advantages:

• NFA firearms registered to a Minnesota gun trust pass to beneficiaries outside of the probate process according to the trust’s terms

• NFA firearms registered to an individual pass through probate, which can be both slow and expensive

• Multiple trustees can lawfully use and possess the NFA firearms, whereas NFA firearms registered to an individual can only be used and possessed by that registered individual during their lifetime

• If a family member has access to a safe containing an NFA item they aren’t authorized to possess, it is technically a felony—a gun trust eliminates that exposure

• If the settlor is later deemed incompetent, a co-trustee can take possession of the NFA firearms and hold them on behalf of the settlor

At Death: NFA Transfer Process Through an Estate

If a client dies with NFA items owned individually (no gun trust), the executor handles the transfer:

• NFA firearms may be transferred on a tax-exempt basis to a lawful heir using ATF Form 5 (Application for Tax Exempt Transfer and Registration of a Firearm). A lawful heir is anyone named in the will, or anyone entitled to inherit under Minnesota intestacy law.

• For transfers outside the estate (to a non-heir), ATF Form 4 is used and the $200 transfer tax applies

• Unregistered NFA firearms in an estate are contraband and cannot be registered—the executor should contact the local ATF office

Practical Checklist for Estate Planning Clients

1. Inventory the collection — identify every firearm, its type, and whether it’s NFA-regulated

2. Confirm beneficiary eligibility — no prohibited persons under state or federal law

3. Consider a gun trust for any NFA items (suppressors, SBRs, AOWs)

4. Use a revocable trust or will with a personal property memorandum for Title I firearms

5. Secure storage instructions — address who has access and when, to avoid inadvertent possession violations

6. Coordinate with a licensed firearms dealer for any post-death transfers that require Form 4 processing

Questions? We Can Help.

Estate planning for gun owners requires careful attention to both federal and Minnesota-specific law. At Donohue McKenney, Ltd., we help clients build plans that protect their families and their collections. Contact our Maple Grove office to schedule a consultation.

763-201-1450 or info@dmlawltd.com

We're Hiring

Fri, 06 Feb 2026 20:26:31 GMT

LEGAL ASSISTANT/PARALEGAL NEEDED
for Family Law & Civil Litigation

WHO WE ARE

Donohue McKenney Ltd. is a full-service law firm in Maple Grove, Minnesota, providing comprehensive legal services to business and individual clients throughout the Twin Cities and nationwide since 1994. Our practice areas include business law, construction law, employment law, real estate, estate planning, probate, family law, personal injury, and civil litigation. Visit dmlawltd.com for additional information.

POSITION OVERVIEW

We are seeking an experienced Legal Assistant or Paralegal to join our team, providing support to our family law and civil litigation attorney. The ideal candidate is a detail-oriented self-starter who thrives in a collaborative, team-oriented environment and can effectively manage multiple priorities while meeting deadlines.

KEY RESPONSIBILITIES

Case Management & Administration

• Assist in all aspects of family law and civil litigation matters

• Maintain attorney's calendar and coordinate phone calls, meetings, depositions, mediations, and court appearances

• Monitor intake of new matters and schedule consultations with attorneys

• Ensure proper docketing and timely filing of all court papers

• Track case progress, deadlines, and procedural requirements

• Maintain organized case files with all relevant documents, pleadings, and correspondence

Document Preparation & Filing

• Draft, prepare, proofread, and review legal documents including pleadings, correspondence, deeds, and estate planning documents

• File and eFile documents with courts and governmental offices

Client Relations

• Conduct new client intake calls and gather essential case information

• Create and update client and matter records in case management database

• Communicate case status updates and upcoming deadlines to clients and respond to client questions

• Gather information from clients to respond to discovery requests

Research & Support

• Research and compile case-related documentation, reports, and billing summaries

• Organize discovery materials and evidence

• Assist in hearing and trial preparation

• Perform various clerical duties including routing mail and screening calls/emails

QUALIFICATIONS

Required

• Minimum 2 years of administrative assistant experience

• Knowledge of Minnesota state court procedures and e-filing systems or willingness to learn

• Proficiency in Microsoft Office, Adobe Acrobat, case management software, and legal research tools. Willingness to learn unfamiliar software.

• Exceptional organizational abilities and attention to detail

• Excellent written and verbal communication skills

• Ability to manage multiple priorities and meet deadlines

• Strong interpersonal skills and team collaboration abilities

• Self-motivated with a positive, professional, can-do attitude

• Commitment to strict confidentiality

Preferred

• Legal Assistant or Paralegal experience

• Experience with family and domestic law matters

COMPENSATION & BENEFITS

• Competitive salary based on experience

• Medical, Dental, HSA, and 401K options

• Flexible/hybrid schedule available after initial training period

TO APPLY

Please send your resume to Info@dmlawltd.com

We are not accepting search firm submissions for this position. Please apply directly.

🛠️ Important Update for Construction Contractors! Effective March 1, 2025

Wed, 25 Sep 2024 20:53:39 GMT

��️ Important Update for Construction Contractors! Effective March 1, 2025

Minnesota's new regulations concerning the misclassification of construction employees are set to take effect on March 1, 2025. These changes will have significant implications for how independent contractors are classified and operate within the state.

Key Requirements:

1. Separate Business Establishment: Contractors must have a business established and maintained independently of the person for whom they are providing services.

2. Ownership or Lease of Equipment: The business entity must own, rent, or lease the necessary equipment, tools, vehicles, materials, supplies, and office space.

3. Service Provision for Multiple Clients: The contractor must offer and provide similar services to multiple clients or the general public.

4. Compliance with Tax and Business Regulations:

o Federal employer identification number (if required)

o Minnesota tax identification number (if required)

o Receiving and retaining 1099 forms (if required)

o Filing business or self-employment income tax returns

o Providing a W-9 federal income tax form (if required)

5. Legal and Insurance Compliance:

o Good standing in Minnesota

o Maintaining a Minnesota unemployment insurance account

o Workers' compensation insurance coverage

o Holding current business licenses and registrations

6. Written Contracts: Services must be rendered under a written contract that is signed, dated, and includes specific service details, compensation terms, and control over service provision.

7. Invoice and Payment Protocols: Payments must be made to the business entity, not individuals, and cash payments do not meet this requirement.

8. Financial Liability: The business must incur the main expenses and bear the liability for service completion.

9. Profit and Loss Potential: The business must have the potential to realize a profit or suffer a loss based on the contract economics.

Potential Challenges for Independent Contractors:

· Stringent Documentation and Verification: New requirements for tax filings, insurance, and written contracts may create additional administrative burdens.

· Equipment and Facility Costs: Contractors may face financial challenges in owning or leasing necessary equipment and facilities.

· Compliance Complexity: Ensuring compliance with multiple regulatory requirements (tax IDs, insurance, licenses) could be cumbersome and require additional support and resources.

�� Stay informed and start preparing now to ensure a smooth transition! For more information and detailed advice, please contact an attorney at Donohue McKenney.

11222 86 ^th Ave. N. | Maple Grove, MN 55369

Office: (763)201-1450 | Fax: (763)251-0271

LinkedIn | Facebook | Website | Map

#Construction #IndependentContractors #MinnesotaLaw #Compliance #BusinessOwners #LegalUpdate #Contractors #March2025

Protect your loved ones when it comes to transferring your firearms after you pass away.

Wed, 04 Sep 2024 12:59:35 GMT

Protect your loved ones when it comes to transferring your firearms after you pass away.

When handling probate matters, Personal Representatives often take possession of firearms as assets and are charged with distributing the firearms to beneficiaries. In Minnesota, if a Personal Representative transfers a firearm knowingly to someone who is not lawfully to be in possession of guns, the Personal Representative would be exposed to criminal charges. For example, if a beneficiary is convicted of a felony, domestic abuse, is involuntarily committed for a mental health reason, has been convicted of unlawful possession of illegal drugs, and even if in trouble with the federal ban on marijuana charges. The easiest way for Personal Representatives to protect themselves from personal liability is to arrange a private transfer through a gun shop by contacting a gun shop and determining if they handle private transfers and arranging an appointment where the Personal Representative and beneficiary can complete the transaction through the gun shop. The same process can be used for transferring to a beneficiary outside of Minnesota. Please contact Donohue McKenney at 763-201-1450 with any probate issues.

NEWS 11:

Wed, 04 Sep 2024 11:14:48 GMT

See our own, Chad McKenney, being interviewed in this news segment on KARE11.

Seven were injured by two light rail trains.

Click the link below to watch the interview with Attorney Chad McKenney regarding this accident.

7 injured after vehicle hit by light rail trains in Minneapolis | kare11.com

Your Loved Ones Could Be Entitled to Covid-19 Federal Death Benefits…

Tue, 03 Sep 2024 15:39:21 GMT

Your Loved Ones Could Be Entitled to Covid-19 Federal Death Benefits…

Anyone that incurred funeral expenses due to COVID-19 attributing to death, is eligible to receive up to

$9,000 in reimbursements.

FEMA may approve COVID-19 Funeral Assistance for such things as:

Funeral services

Cremation

Interment

Costs associated with producing death certificates

Costs due to local or state government laws or ordinances

Transportation for up to two people to identify the person who died

Transfer of remains

Casket or urn

Burial plot

Marker or headstone

Clergy

Funeral ceremony

Funeral home equipment or staff

In order to receive this reimbursement, an official death certificate that shows the death occurred in the

United States, including U.S. territories and the District of Columbia, occurred after January 20, 2020,

and was attributed to COVID-19.

You must provide FEMA with a signed funeral home contract, invoice, receipts, or other documentation

that includes:

your name, showing you are responsible for some or all of the expense

the name of the person who died

itemized expenses

proof that the expenses were incurred on or after January 20, 2020

To start an application, those that qualify can call 1-844-684-6333

For further information or questions, please do not hesitate to contact me at 763-201-1450 or

chad@dmlawltd.com

Chad McKenne y | Attorney at Law

Let’s explore the two property types: Abstract Title and Torrens (Registered).

Tue, 03 Sep 2024 15:29:40 GMT

If you are an owner of real property in MN, do you know what type of property it is? There are two types of real property that record ownership – Abstract and Torrens. Some properties might even be both!

Let’s explore the two property types: Abstract Title and Torrens (Registered).

1. Certificate of Title (Torrens): In the Torrens system, the owner receives a Certificate of Title directly, bypassing the need for a chain of title. Each voluntary property transfer results in a new Certificate of Title.

2. Abstract Title: Common in rural counties, it compiles all deeds, mortgages, and related documents affecting a specific piece of land. Abstract property can be converted (registered) to Torrens property.

Pros and Cons

Abstract Title

Pros:

Historical Context: Provides a comprehensive history of property ownership.
Effective and efficient: The recorder’s office records documents that can be searched electronically.

Cons:

Complex Title Search: Requires reviewing deeds and mortgages spanning 40 years.
Liens and Encumbrances: Potential claims may arise during title searches.
If the property is Torrens (or part Torrens), if an instrument (such as a deed, mortgage or mechanic lien) is filed in the recorder’s office as abstract then it will not be recorded in Torrens (thus not a properly recorded lien or deed!)

Torrens (Registered) Property

Pros:

Certainty: A Certificate of Title ensures clear ownership and disclosure of encumbrances on the property.
Efficiency: Simplified transfer process for buyers and lenders.
Not subject to adverse possession claims. It is registered property, therefore no right for a neighbor to claim a portion over the property line if in dispute!

Cons:

More common in urban areas.
Initial Setup: Converting to Torrens requires initial registration and court involvement.
For involuntary transfers (such as foreclosures or cancelation of a contract for deed), need a court to order that a new owner be listed on the Certificate of Title.

Conclusion

For Torrens property, it is easy to request a copy of your certificate of title at your county Registrar’s office. For abstract property, do you have your abstract? Owners don’t need to panic if they don’t have their abstract in hand. There are numerous instances where there is no physical abstract anymore. The actual abstract gets lost, destroyed, or when real estate transactions occurred, they were never given to the new owners. Abstract owners still own their property though, without having the abstract in their possession. The deed to your property is what shows ownership, even though you, the buyer, did not sign it. In today’s title and real estate world, when buying/selling a home, title and property searches are conducted mostly electronically at the Recorder’s Office to make sure there is clear title, so actual abstracts have become more of a souvenir, so to speak.

These are just a sample of the differences between Abstract and Torrens. Do you know what you have? Check your deed. Understanding the differences (or even knowing that there are difference types) helps property owners, buyers, and legal professionals better navigate the real estate landscape in Minnesota.

New Sick and Safe Time Requirements for all Minnesota Employees

Tue, 03 Sep 2024 15:29:38 GMT

New Sick and Safe Time Requirements for all Minnesota Employees

Beginning on January 1, 2024, all Minnesota employees will be eligible for sick and safe time equal to 1 hour for every 30 hours worked, up to 48 hours per year with a cap of up to 80 hours over multiple years. Employees may use this time to recover from illness, domestic abuse, or other issues. An employee’s sick and safe time begins accruing on the first date of employment. These requirements can be waived for union employees subject to a collective bargaining agreement or if an employer separately maintains paid leave policies that meet or exceed the statutory minimums. Rather than track sick and safe time by hour, many employers will choose to front load 48 hours on January 1 of each year.

Employers may coordinate that with other PTO time by front loading at least 80 hours every year on January 1, they can do so in lieu of any carryover. Employers are required to update employee handbooks to provide required notice of the earned sick and safe time law. If they do not have a handbook, they are required to give notice when hiring an employee.

At the end of each pay period, an employer must provide each employee with an earnings statement and include 1) the total number of sick and safe hours accrued and available for use, and 2) the total number of earned sick and safe time hours used during the pay period.

New Federal Reporting Requirements for Beneficial Ownership Information Applies to All Companies

Tue, 03 Sep 2024 15:29:37 GMT

New Federal Reporting Requirements for Beneficial Ownership Information Applies to All Companies

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Did Taylor Swift Defame Two Dads Named Brad and Chad?

Tue, 03 Sep 2024 15:29:35 GMT

Did Taylor Swift Defame Two Dads Named Brad and Chad?

While talking to the media about all the scrutiny about her attending certain NFL games, Taylor made some remarks about “Dads, Brads, and Chads,” and we just can’t help but wonder if we’ve been defamed. But before we jump to conclusions, let’s break down the elements of defamation in Minnesota.

Elements of Defamation in Minnesota

In Minnesota, a defamation claim must establish the following three elements:

The defamatory statement was communicated to someone other than the plaintiff. In our case, Taylor’s comments have been broadcasted worldwide, so this condition is met.

The statement is false. This is where things might get a little tricky. Are Taylor’s comments about “Dads, Brads, and Chads” false? Or are they just catchy phrases? (After all, she is a great song writer!)

The statement tends to harm the plaintiff’s reputation and to lower the plaintiff in the estimation of the community. Has our reputation been harmed? That’s subjective and would likely require a thorough analysis.

Defaming a Celebrity vs. a Regular Person

It’s important to note that defamation laws differ when it comes to public figures (like celebrities) and private individuals (like us). Celebrities, due to their status in society, have a higher threshold to prove defamation. They must show that the defamatory statement was made with “actual malice” - that is, with knowledge that it was false or with reckless disregard of whether it was false or not.

On the other hand, private individuals (like Chad and me, even if we are attorneys and used to lawyer jokes) only need to prove that the defendant was negligent in failing to ascertain whether the statement was false before making it.

So, Did Taylor Swift Defame Us?

Well, that’s a question for the courts to decide. But as dads, Brads, and Chads, we can’t help but feel a little singled out. However, we also understand the power of a catchy phrase in a media soundbite. So, Taylor, if you’re reading this, let’s talk. At least we are all on a first name basis now. As pretty good dads, maybe we can settle this over some concert tickets for our kids?

Remember, this article is meant to be humorous and should not be taken as legal advice. If you believe you or your business have been defamed, please call to schedule a consultation.

Happy Birthday, Taylor!

Photo Credit: Amber Nelson Fowble

HOW TO PROTECT YOUR BUSINESS SINCE NON-COMPETES HAVE BEEN BANNED IN MINNESOTA

Tue, 03 Sep 2024 15:29:32 GMT

HOW TO PROTECT YOUR BUSINESS SINCE NON-COMPETES HAVE BEEN BANNED IN MINNESOTA

NEW LAW

As of January 1, 2023, Minnesota businesses are prohibited from noncompete agreements restricting employees or independent contractors from working for any business after termination. The only exceptions where non-competes are allowed are during the sale of the business or dissolution of a business. While the law is not retroactive, businesses are understandably concerned about protecting their legitimate interests.

WHAT CAN YOUR BUSINESS DO TO PROTECT ITS INTERESTS?

The new law does not ban non-solicitation agreements or confidentiality/non-disclosure agreements or agreements to protect trade secrets.

NON-SOLICITATION AGREEMENTS:

Your business should prepare non-solicitation agreements that prohibit key employees or independent contractors from soliciting its customers or employees for one to two years after termination of employment or services. Minnesota courts will generally not enforce any provisions longer than one to two years and it is important to provide appropriate consideration to the parties entering these non-solicitation agreements. While this is a form of a restrictive covenant, the law specifically allows a business to protect its interests in its customers and employees.

NON-DISCLOSURE AGREEMENTS REGARDING CONFIDENTIALITY AND TRADE SECRETS:

Employers should refocus on comprehensive non-disclosure provisions related to any confidential or trade secret information. Employers should review handbooks and agreements with employees and independent contractors to ensure provisions related to confidentiality and trade secrets include post-termination provisions. Minnesota courts will generally allow a longer timeframe to protect confidential/trade secret information and three years is a safe time.

A few items to be aware if you are a Landlord in Minnesota.

Tue, 03 Sep 2024 15:29:30 GMT

A few items to be aware if you are a Landlord in Minnesota.

The Minnesota Legislature has just passed a number of new laws that you need to be aware of that impacts your rental property and responsibilities to tenants. Due to the current political standing in the legislature, these laws could be said to be more favorable to tenants, thus, landlords need to be aware to avoid issues. Starting January 1, 2024, these laws include:

A longer notice period before you can evict a tenant for non-payment of rent. Under the new law, you will need to give a tenant 14 days' written notice before you can file an eviction lawsuit. This will give tenants more time to pay their rent, and could delay the time for you to initiate an eviction if not aware of this requirement. The notice will include a copy of the summons and complaint for eviction and proof will be required by the court that the notice has been properly made.

A ban on publicly reporting eviction records until the case is final. This could, potentially, make it more difficult for you to screen tenants that had legitimate eviction issues.

A requirement that you disclose all non-optional fees on the front page of the lease and in any advertisements. Hopefully, this new law will give tenants a better understanding of the true cost of renting from you and, hopefully, avoid disputes that lead to eviction or litigation.

A requirement that you maintain a minimum temperature of 68 degrees in your rental units between October 1 and April 30. For old buildings, please note that this may be more of a challenge for you to keep your rental units at a consistent compliant temperature when rented during the winter months so should be addressed accordingly.

A requirement that you give 24 hours' notice before entering a tenant's unit (unless it is an emergency).

A requirement that you fix emergency repairs within 24 hours for certain matters.

A reduction in court fees for emergency rental housing cases.

A right for tenants to end their lease early for medical reasons.

A right for tenants in public housing to have free representation in breach-of-lease eviction cases.

A ban on requiring tenants to declaw or devocalize their pets.

A right for tenants to request both a move-in and a move-out inspection.

A prohibition on forcing tenants to renew their lease more than 6 months before the lease is over.

A limitation on the ability to evict tenants for crimes committed off the rental property. This will make it more difficult for you to evict tenants who have a history of criminal activity, and it will give tenants more protection from discrimination.

Cannabis: This will be the subject for future articles. Notwithstanding, the new law legalizing recreational cannabis will prevent landlords from prohibiting tenants from possessing cannabis in the rental unit. However, landlords can still prohibit smoking or vaping so this may be an area to monitor for the safety of all tenants, including related to fire prevention and secondhand smoke.

Landlords need to be aware of these changes and adjust their practices accordingly. Landlords should take the time to familiarize themselves with the new laws and to adjust their practices accordingly.

A great article from Business Insider.

Tue, 03 Sep 2024 15:29:28 GMT

A great article from Business Insider.

5 Reasons Why Estate Planning Is Important (businessinsider.com)

Pros and Cons of Abstract Title and Registered Property

Fri, 23 Aug 2024 01:22:29 GMT

Pros and Cons of Abstract Title and Registered Property

Let’s explore the two property types: Abstract Title and Torrens (Registered).

Certificate of Title (Torrens): In the Torrens system, the owner receives a Certificate of Title directly, bypassing the need for a chain of title. Each voluntary property transfer results in a new Certificate of Title.
Abstract Title: Common in rural counties, it compiles all deeds, mortgages, and related documents affecting a specific piece of land. Abstract property can be converted (registered) to Torrens property.

Pros and Cons

Abstract Title

Pros:

Historical Context: Provides a comprehensive history of property ownership.
Effective and efficient: The recorder’s office records documents that can be searched electronically.

Cons:

Complex Title Search: Requires reviewing deeds and mortgages spanning 40 years.
Liens and Encumbrances: Potential claims may arise during title searches.
If the property is Torrens (or part Torrens), if an instrument (such as a deed, mortgage or mechanic lien) is filed in the recorder’s office as abstract then it will not be recorded in Torrens (thus not a properly recorded lien or deed!)

Torrens (Registered) Property

Pros:

Certainty: A Certificate of Title ensures clear ownership and disclosure of encumbrances on the property.
Efficiency: Simplified transfer process for buyers and lenders.
Not subject to adverse possession claims. It is registered property, therefore no right for a neighbor to claim a portion over the property line if in dispute!

Cons:

More common in urban areas.
Initial Setup: Converting to Torrens requires initial registration and court involvement.
For involuntary transfers (such as foreclosures or cancelation of a contract for deed), need a court to order that a new owner be listed on the Certificate of Title.

Conclusion

Written by: Brad Hendrikson

The Difference Between Abstract Title and Torrens Property Types

Thu, 22 Aug 2024 19:18:13 GMT

The Difference Between Abstract Title and Torrens Property Types

Let’s explore the two property types: Abstract Title and Torrens (Registered).

Certificate of Title (Torrens): In the Torrens system, the owner receives a Certificate of Title directly, bypassing the need for a chain of title. Each voluntary property transfer results in a new Certificate of Title.
Abstract Title: Common in rural counties, it compiles all deeds, mortgages, and related documents affecting a specific piece of land. Abstract property can be converted (registered) to Torrens property.

Pros and Cons

Abstract Title

Pros:

Historical Context: Provides a comprehensive history of property ownership.
Effective and efficient: The recorder’s office records documents that can be searched electronically.

Cons:

Complex Title Search: Requires reviewing deeds and mortgages spanning 40 years.
Liens and Encumbrances: Potential claims may arise during title searches.
If the property is Torrens (or part Torrens), if an instrument (such as a deed, mortgage or mechanic lien) is filed in the recorder’s office as abstract then it will not be recorded in Torrens (thus not a properly recorded lien or deed!)

Torrens (Registered) Property

Pros:

Certainty: A Certificate of Title ensures clear ownership and disclosure of encumbrances on the property.
Efficiency: Simplified transfer process for buyers and lenders.
Not subject to adverse possession claims. It is registered property, therefore no right for a neighbor to claim a portion over the property line if in dispute!

Cons:

More common in urban areas.
Initial Setup: Converting to Torrens requires initial registration and court involvement.
For involuntary transfers (such as foreclosures or cancelation of a contract for deed), need a court to order that a new owner be listed on the Certificate of Title.

Conclusion

Written by: Brad Hendrikson

Mandatory Federal Reporting of BOI Information

Thu, 22 Aug 2024 18:50:04 GMT

Mandatory Federal Reporting of BOI Information

New Federal Reporting Requirements for Beneficial Ownership Information Applies to All Companies

MANDATORY FEDERAL REPORTING OF BENEFICIAL OWNER INTEREST (BOI) INFORMATION

Every company is required to do a federal reporting of all beneficial owners. The reporting depends upon when your company was first set up. Your company must complete the Beneficial Ownership Information (BOI) Reporting by January 1, 2025 if you were incorporated prior to January 1, 2024 in compliance with the Corporate Transparency Act. If you incorporated after January 1, 2024, you must report within 90 days of the date of incorporation, and companies incorporated after January 1, 2025 must report within 30 days after incorporation. FAILURE TO DO SO MAY RESULT IN PENALTIES. Individuals who own or control a company, including those owning more than 25%, senior officers like CFO, CEO, President and Treasurer, board members, those with the ability to hire or fire, and anyone who exerts substantial control should be disclosed. The reporting is only done once unless there is a change to any beneficial owner information. Any changes must be reported within 30 days. To complete the BOI reporting, visit www.fincen.gov/boi . Copies of each of all beneficial owners’ driver’s licenses will need to be uploaded to complete the reporting process.

If you require assistance with your BOI reporting, we offer a Zoom conference where we will assist in completely the reporting for $150. Please let us know if you require our assistance and we will schedule a Zoom to complete the process. If you complete the BOI reporting yourself or through your accountant, please provide us with the BOI filing receipt for our records so we have documentation in your company records that you timely completed your BOI reporting.

Selling a house? Here is a great article to keep in mind.

Thu, 28 Mar 2024 15:54:25 GMT

12 Items to Never Leave Out at Your Open House

If you are thinking of selling your home and hosting an open house, please take a look at the following list and never leave any of these out in public view.

1. Jewelry and Cash

It’s always wise to secure your valuable items such as jewelry and cash before hosting an open house. This way, you can avoid the risk of losing your valuable jewelry. You don’t want to tempt thieves!

Don’t just leave cash and jewelry in an unlocked drawer. You should store them in a locked drawer or safe to keep them out of sight. If your kids have piggy banks in their bedrooms, remove them so it doesn’t catch the attention of thieves.

2. Expensive Collectibles

If you own valuable collectibles such as vintage plates, baseball cards, or even Pokemon cards, don’t to leave them out during your open house. It’s best to keep them in a locked drawer or pack them in an unmarked box. If possible, store these valuable collectibes at a relative’s or friend’s house, or rent a storage space to keep them safe.

3. Designer Bags and Shoes

Don’t leave your designer bags, shoes, and clothes in your walk-in closet during your open house. This is an invitation for thieves to make off with your valuable items.

As a real estate agent, I always advise my clients to keep their designer bags and shoes out of sight since it’s difficult for me to keep an eye on them during an open house.

Having expensive designer clothes and accessories on display in your closet could also make you a target for burglars who might come back later to rob you. It’s best to pack your designer shoes and bags in unmarked boxes or store them securely in a storage facility.

4. Electronic Devices

It’s best not to leave valuable items like iPads, laptops, cellphones, and gaming devices such as the Nintendo Switch out in the open during an open house. You never know who might be walking into your home, and leaving these pricey gadgets in plain sight could invite thieves to steal them. It’s also not advisable to leave expensive accessories like Apple AirPods or high-end headphones out where they can be easily snatched. Even charging cables should not be left out in the open, as they too can be taken by anyone with sticky fingers.

5. Personal Items

Putting away personal items like pictures, diplomas, and awards before your open house is always wise. It’s important to store any mail or documents with your name, address, or personal information.

It’s best to keep these items locked away and out of sight for your privacy and to keep them away from prying eyes.

6. Pets

Before your open house, it’s best to hide any pet-related items such as the pet crate, toys, and accessories. Pets can easily turn off potential buyers who are not into pets.

Also, don’t leave your cats or dogs at home since they can distract visitors from viewing your house. Don’t even leave your dog in his crate because the barking is just disruptive and will scare off some buyers.

As a real estate agent, I have a no pets at home during open house policy. From my experience, pets can take away from potential buyers’ ability to see how nice your house is.

The same goes for pet birds, which can become noisy and frighten buyers. It’s better not to have them at home. But if you can’t take your pet bird out of the house, put up a “Don’t Touch” sign to avoid accidental bites. Also, make sure to clean your pet bird’s cage so that there are no foul odors.

If you have pet fish, leaving them in the house is okay, as they are more decorative. But make sure that your fish tank is clean and presentable. Put away any fish food and accessories so the area looks neat.

7. Garage Door Opener

Don’t forget to keep your garage door opener out of sight. Don’t even leave it in a drawer where it’s easily accessible.

You wouldn’t want to risk having someone steal your garage door opener and then use it to gain access to your home later on. So, be sure to store it somewhere secure in a locked drawer.

8. Prescription Drugs

Before your open house, it’s important to remember not to leave your prescription drugs lying around. It’s best to avoid storing them in the medicine cabinet or the drawers in the bathroom, as they could easily fall into the wrong hands. Keep your medication safe and secure by keeping it safely locked away.

9. Expensive Artwork

Another thing you shouldn’t leave out on display during your open house are expensive artwork. You never know who might come into your home. Often times thieves will come into open houses to scope out properties and if they see expensive artwork, they may end up coming back to break in your home. To reduce the risk of becoming a target for robbery, replace your expensive artwork with cheap prints.

10. Firearms and Weapons

Don’t leave guns, bullets and weapons lying around in your open house. Even if you keep them in a drawer, you never know who might open it. Imagine if it’s a young child who finds your gun. To avoid such a terrible situation, it’s best not to leave them out in the open.

Also if you have a gun safe, make sure you keep it hidden. You never know who might walk into your house, and they could be thieves who are scouting for properties to break into.

11. Political Signs

Another thing you shouldn’t leave out in an open house are political signs. Magnets, stickers and anything to show your political affiliation is a big no-no.

The reason being that you don’t want to influence or sway potential buyers with your political views. It’s better to remain neutral and focus on showcasing the features of your property instead of distracting the visitors with political messaging.

12. Keys

Don’t leave keys out during an open house. You might have a designated spot, like a bowl or a hook, where you store your spare car keys and other keys.

It’s important to remember to put them away during an open house to avoid the possibility of them getting stolen. The last thing you want is for someone to drive off with your car!

https://www.msn.com/en-us/money/realestate/i-m-a-real-estate-agent-here-are-12-items-to-never-leave-out-at-your-open-house/ar-BB1jmRws?ocid=socialshare&cvid=f97543f1e3654419804dda2f943b4225&ei=17

Article posted on msn.com by Suburbs 101

12 Items to Never Leave Out at Your Open House

Sun, 03 Mar 2024 15:29:42 GMT

12 Items to Never Leave Out at Your Open House

If you are thinking of selling your home and hosting an open house, please take a look at the following list and never leave any of these out in public view.

1. Jewelry and Cash

2. Expensive Collectibles

3. Designer Bags and Shoes

Don’t leave your designer bags, shoes, and clothes in your walk-in closet during your open house. This is an invitation for thieves to make off with your valuable items.

As a real estate agent, I always advise my clients to keep their designer bags and shoes out of sight since it’s difficult for me to keep an eye on them during an open house.

4. Electronic Devices

5. Personal Items

It’s best to keep these items locked away and out of sight for your privacy and to keep them away from prying eyes.

6. Pets

Before your open house, it’s best to hide any pet-related items such as the pet crate, toys, and accessories. Pets can easily turn off potential buyers who are not into pets.

As a real estate agent, I have a no pets at home during open house policy. From my experience, pets can take away from potential buyers’ ability to see how nice your house is.

7. Garage Door Opener

Don’t forget to keep your garage door opener out of sight. Don’t even leave it in a drawer where it’s easily accessible.

You wouldn’t want to risk having someone steal your garage door opener and then use it to gain access to your home later on. So, be sure to store it somewhere secure in a locked drawer.

8. Prescription Drugs

9. Expensive Artwork

10. Firearms and Weapons

Also if you have a gun safe, make sure you keep it hidden. You never know who might walk into your house, and they could be thieves who are scouting for properties to break into.

11. Political Signs

Another thing you shouldn’t leave out in an open house are political signs. Magnets, stickers and anything to show your political affiliation is a big no-no.

12. Keys

Don’t leave keys out during an open house. You might have a designated spot, like a bowl or a hook, where you store your spare car keys and other keys.

It’s important to remember to put them away during an open house to avoid the possibility of them getting stolen. The last thing you want is for someone to drive off with your car!

Real Property in MN: What you should know about Abstract versus Torrens Properties!

Fri, 01 Mar 2024 18:18:34 GMT

If you are an owner of real property in MN, do you know what type of property it is? There are two types of real property that record ownership – Abstract and Torrens. Some properties might even be both!

Let’s explore the two property types: Abstract Title and Torrens (Registered).

Pros and Cons

Abstract Title

Pros:

1. Historical Context: Provides a comprehensive history of property ownership.

2. Effective and efficient: The recorder’s office records documents that can be searched electronically.

Cons:

1. Complex Title Search: Requires reviewing deeds and mortgages spanning 40 years.

2. Liens and Encumbrances: Potential claims may arise during title searches.

3. If the property is Torrens (or part Torrens), if an instrument (such as a deed, mortgage or mechanic lien) is filed in the recorder’s office as abstract then it will not be recorded in Torrens (thus not a properly recorded lien or deed!)

Torrens (Registered) Property

Pros:

1. Certainty: A Certificate of Title ensures clear ownership and disclosure of encumbrances on the property.

2. Efficiency: Simplified transfer process for buyers and lenders.

3. Not subject to adverse possession claims. It is registered property, therefore no right for a neighbor to claim a portion over the property line if in dispute!

Cons:

1. More common in urban areas.

2. Initial Setup: Converting to Torrens requires initial registration and court involvement.

3. For involuntary transfers (such as foreclosures or cancelation of a contract for deed), need a court to order that a new owner be listed on the Certificate of Title.

Conclusion

FEDERAL REPORTING REQUIREMENTS

Wed, 24 Jan 2024 19:43:27 GMT

New Federal Reporting Requirements for Beneficial Ownership Information Applies to All Companies

The Corporate Transparency Act creates a requirement that information of those who own or control companies be reported to the U.S. Government to make it more difficult for bad actors to hide or benefit from ill-gotten gains through shell companies. This information is reported to the Financial Crimes Enforcement Network (FinCEN) who began accepting reports on January 1, 2024. Companies created before January 1, 2024 have until January 1, 2025 to file their initial beneficial ownership information report. Companies created after January 1, 2024 but before January 1, 2025 have 90 calendar days to report. Companies created after January 1, 2025 have 30 calendar days after the company’s registration with the Secretary of State. All corporations, limited liability companies and other entities created by filing with the Secretary of State are required to report.

A beneficial owner is determined to be anyone who exercises substantial control over the reporting company or owns or controls at least 25% of the ownership interest. An individual can exercise substantial control in four different ways: 1) acting as a senior officer, i.e., President/CFO, Treasurer/Chief Financial Officer, or similar function; 2) having authority to appoint or remove certain officers; 3) being an important decision maker; 4) having any other substantial form of control over the company.

Please let us know if you require assistance in complying with this new federal reporting requirement.

New Earned Sick and Safe Time Requirements

Mon, 15 Jan 2024 18:54:30 GMT

New Sick and Safe Time Requirements for all Minnesota Employees

So, Did Taylor Swift Defame Us?

Wed, 13 Dec 2023 20:11:41 GMT

Did Taylor Swift Defame Two Dads Named Brad and Chad?

Elements of Defamation in Minnesota

In Minnesota, a defamation claim must establish the following three elements:

The defamatory statement was communicated to someone other than the plaintiff. In our case, Taylor’s comments have been broadcasted worldwide, so this condition is met.
The statement is false. This is where things might get a little tricky. Are Taylor’s comments about “Dads, Brads, and Chads” false? Or are they just catchy phrases? (After all, she is a great song writer!)
The statement tends to harm the plaintiff’s reputation and to lower the plaintiff in the estimation of the community. Has our reputation been harmed? That’s subjective and would likely require a thorough analysis.

Defaming a Celebrity vs. a Regular Person

So, Did Taylor Swift Defame Us?

Remember, this article is meant to be humorous and should not be taken as legal advice. If you believe you or your business have been defamed, please call to schedule a consultation.

Happy Birthday, Taylor!

Photo Credit: Amber Nelson Fowble

Personal Representatives That Need to Transfer Guns to Beneficiaries Beware

Wed, 06 Dec 2023 16:54:04 GMT

Protect your loved ones when it comes to transferring your firearms after you pass away.

You are nominated as a Personal Representative in a Will. Now what?

Fri, 08 Sep 2023 14:45:54 GMT

You are nominated as a Personal Representative in a Will. Now what?

A Personal Representative or Executor is appointed in a Will as the person to handle or wrap up the estate. However, most people are unsure of the duties of a Personal Representative and what they are supposed to do and where they should start. A good first step is to reach out to a probate attorney. We have included a link to a Personal Representative Checklist.

New Law in 2023 regarding Non-Competes

Mon, 24 Jul 2023 20:10:45 GMT

HOW TO PROTECT YOUR BUSINESS SINCE NON-COMPETES HAVE BEEN BANNED IN MINNESOTA

NEW LAW

WHAT CAN YOUR BUSINESS DO TO PROTECT ITS INTERESTS?

The new law does not ban non-solicitation agreements or confidentiality/non-disclosure agreements or agreements to protect trade secrets.

NON-SOLICITATION AGREEMENTS:

NON-DISCLOSURE AGREEMENTS REGARDING CONFIDENTIALITY AND TRADE SECRETS:

Landlords, beware! New MN Landlord-Tenant Laws Effective January 1, 2024

Thu, 20 Jul 2023 15:40:01 GMT

A few items to be aware if you are a Landlord in Minnesota.

A longer notice period before you can evict a tenant for non-payment of rent. Under the new law, you will need to give a tenant 14 days' written notice before you can file an eviction lawsuit. This will give tenants more time to pay their rent, and could delay the time for you to initiate an eviction if not aware of this requirement. The notice will include a copy of the summons and complaint for eviction and proof will be required by the court that the notice has been properly made.
A ban on publicly reporting eviction records until the case is final. This could, potentially, make it more difficult for you to screen tenants that had legitimate eviction issues.
A requirement that you disclose all non-optional fees on the front page of the lease and in any advertisements. Hopefully, this new law will give tenants a better understanding of the true cost of renting from you and, hopefully, avoid disputes that lead to eviction or litigation.
A requirement that you maintain a minimum temperature of 68 degrees in your rental units between October 1 and April 30. For old buildings, please note that this may be more of a challenge for you to keep your rental units at a consistent compliant temperature when rented during the winter months so should be addressed accordingly.
A requirement that you give 24 hours' notice before entering a tenant's unit (unless it is an emergency).
A requirement that you fix emergency repairs within 24 hours for certain matters.
A reduction in court fees for emergency rental housing cases.
A right for tenants to end their lease early for medical reasons.
A right for tenants in public housing to have free representation in breach-of-lease eviction cases.
A ban on requiring tenants to declaw or devocalize their pets.
A right for tenants to request both a move-in and a move-out inspection.
A prohibition on forcing tenants to renew their lease more than 6 months before the lease is over.
A limitation on the ability to evict tenants for crimes committed off the rental property. This will make it more difficult for you to evict tenants who have a history of criminal activity, and it will give tenants more protection from discrimination.
Cannabis: This will be the subject for future articles. Notwithstanding, the new law legalizing recreational cannabis will prevent landlords from prohibiting tenants from possessing cannabis in the rental unit. However, landlords can still prohibit smoking or vaping so this may be an area to monitor for the safety of all tenants, including related to fire prevention and secondhand smoke.

5 Reasons why everyone needs an estate plan.

Tue, 20 Jun 2023 19:55:35 GMT

A great article from Business Insider.

5 Reasons Why Estate Planning Is Important (businessinsider.com)

Light Rail Accident in Minneapolis on March 21, 2023

Wed, 05 Apr 2023 19:02:13 GMT

Seven were injured by two light rail trains.

7 injured after vehicle hit by light rail trains in Minneapolis | kare11.com

COVID-19 Federal Death Benefits

websitebuilder@thryv.com — Thu, 08 Sep 2022 16:42:25 GMT

Your Loved Ones Could Be Entitled to Covid-19 Federal Death Benefits…

Anyone that incurred funeral expenses due to COVID-19 attributing to death, is eligible to receive up to

$9,000 in reimbursements.

FEMA may approve COVID-19 Funeral Assistance for such things as:

Funeral services
Cremation
Interment
Costs associated with producing death certificates
Costs due to local or state government laws or ordinances
Transportation for up to two people to identify the person who died
Transfer of remains
Casket or urn
Burial plot
Marker or headstone
Clergy
Funeral ceremony
Funeral home equipment or staff

In order to receive this reimbursement, an official death certificate that shows the death occurred in the

United States, including U.S. territories and the District of Columbia, occurred after January 20, 2020,

and was attributed to COVID-19.

You must provide FEMA with a signed funeral home contract, invoice, receipts, or other documentation

that includes:

your name, showing you are responsible for some or all of the expense
the name of the person who died
itemized expenses
proof that the expenses were incurred on or after January 20, 2020

To start an application, those that qualify can call 1-844-684-6333

For further information or questions, please do not hesitate to contact me at 763-201-1450 or

chad@dmlawltd.com

brxs3847-7j3xiurrizd6gkzy-v2

Transferring Firearms into a Minnesota Estate Plan

Transferring Firearms into a Minnesota Estate Plan

We're Hiring

LEGAL ASSISTANT/PARALEGAL NEEDED for Family Law & Civil Litigation

🛠️ Important Update for Construction Contractors! Effective March 1, 2025

��️ Important Update for Construction Contractors! Effective March 1, 2025

Key Requirements:

Potential Challenges for Independent Contractors:

Protect your loved ones when it comes to transferring your firearms after you pass away.

Protect your loved ones when it comes to transferring your firearms after you pass away.

NEWS 11:

See our own, Chad McKenney, being interviewed in this news segment on KARE11.

Your Loved Ones Could Be Entitled to Covid-19 Federal Death Benefits…

Your Loved Ones Could Be Entitled to Covid-19 Federal Death Benefits…

Let’s explore the two property types: Abstract Title and Torrens (Registered).

Let’s explore the two property types: Abstract Title and Torrens (Registered).

New Sick and Safe Time Requirements for all Minnesota Employees

New Sick and Safe Time Requirements for all Minnesota Employees

New Federal Reporting Requirements for Beneficial Ownership Information Applies to All Companies

New Federal Reporting Requirements for Beneficial Ownership Information Applies to All Companies

Did Taylor Swift Defame Two Dads Named Brad and Chad?

Did Taylor Swift Defame Two Dads Named Brad and Chad?

HOW TO PROTECT YOUR BUSINESS SINCE NON-COMPETES HAVE BEEN BANNED IN MINNESOTA

HOW TO PROTECT YOUR BUSINESS SINCE NON-COMPETES HAVE BEEN BANNED IN MINNESOTA

A few items to be aware if you are a Landlord in Minnesota.

A few items to be aware if you are a Landlord in Minnesota.

A great article from Business Insider.

A great article from Business Insider.

Pros and Cons of Abstract Title and Registered Property

Pros and Cons of Abstract Title and Registered Property

The Difference Between Abstract Title and Torrens Property Types

The Difference Between Abstract Title and Torrens Property Types

Mandatory Federal Reporting of BOI Information

Mandatory Federal Reporting of BOI Information

Selling a house? Here is a great article to keep in mind.

12 Items to Never Leave Out at Your Open House

1. Jewelry and Cash

2. Expensive Collectibles

3. Designer Bags and Shoes

4. Electronic Devices

5. Personal Items

6. Pets

7. Garage Door Opener

8. Prescription Drugs

9. Expensive Artwork

10. Firearms and Weapons

11. Political Signs

12. Keys

12 Items to Never Leave Out at Your Open House

12 Items to Never Leave Out at Your Open House

1. Jewelry and Cash

2. Expensive Collectibles

3. Designer Bags and Shoes

4. Electronic Devices

5. Personal Items

6. Pets

7. Garage Door Opener

8. Prescription Drugs

9. Expensive Artwork

10. Firearms and Weapons

11. Political Signs

12. Keys

Real Property in MN: What you should know about Abstract versus Torrens Properties!

If you are an owner of real property in MN, do you know what type of property it is? There are two types of real property that record ownership – Abstract and Torrens. Some properties might even be both!

FEDERAL REPORTING REQUIREMENTS

New Earned Sick and Safe Time Requirements

New Sick and Safe Time Requirements for all Minnesota Employees

So, Did Taylor Swift Defame Us?

Did Taylor Swift Defame Two Dads Named Brad and Chad?

Personal Representatives That Need to Transfer Guns to Beneficiaries Beware

Protect your loved ones when it comes to transferring your firearms after you pass away.

You are nominated as a Personal Representative in a Will. Now what?

You are nominated as a Personal Representative in a Will. Now what?

New Law in 2023 regarding Non-Competes

Landlords, beware! New MN Landlord-Tenant Laws Effective January 1, 2024

A few items to be aware if you are a Landlord in Minnesota.

5 Reasons why everyone needs an estate plan.

A great article from Business Insider.

Light Rail Accident in Minneapolis on March 21, 2023

LEGAL ASSISTANT/PARALEGAL NEEDED
for Family Law & Civil Litigation