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Understanding Property Settlement Liens in Minnesota

Tue, 14 Jul 2026 16:15:07 GMT

July 13th, 2026

Property settlement liens are common in divorce matters involving real estate. While these liens are designed to protect a spouse's financial interest in property, both parties must understand their responsibilities to ensure the lien is properly handled and eventually released.

Failure to do so can create significant complications when refinancing or selling property.

What Is a Property Settlement Lien?

A property settlement lien is a legal claim against real estate that is often created as part of a divorce settlement.

For example, one spouse may receive the marital home while the other spouse receives a financial interest secured by a lien against the property.

The lien generally remains in place until the amount owed under the divorce decree has been paid.

Why Are Property Settlement Liens Used?

Property settlement liens can help:

Protect the spouse who is owed money.
Allow one spouse to keep the home.
Avoid the immediate sale of the property.
Ensure compliance with the terms of the divorce settlement.

These liens provide security while giving both parties flexibility during the property division process.

What Responsibilities Do Clients Have?

Clients should carefully review the terms of the divorce decree and any lien documents.

Important responsibilities may include:

Making payments according to the settlement agreement.
Refinancing by a specific deadline if required.
Maintaining adequate insurance on the property.
Keeping records of all payments made.
Obtaining written confirmation once the lien is satisfied.

Ignoring these obligations can result in disputes, enforcement actions, and delays when attempting to sell or refinance.

What Happens When the Lien Is Paid?

Once the property settlement obligation has been satisfied, the lien should be released.

If a release is never prepared or recorded, title records may continue to show the lien even though the debt has been paid.

This can create problems when:

Selling the property.
Refinancing the property.
Transferring ownership.
Obtaining title insurance.

For this reason, it is important to ensure all necessary release documents are completed and recorded.

How Can Attorneys Help?

Attorneys frequently assist clients by:

Drafting property settlement lien documents.
Reviewing divorce decrees and settlement agreements.
Recording liens when necessary.
Preparing and recording lien releases after payment.
Resolving title issues discovered during a sale or refinance.
Working with title companies, lenders, and former spouses to clear title issues.

Planning Ahead Can Prevent Future Problems

Property settlement liens can be effective tools during divorce proceedings, but they require ongoing attention after the divorce is finalized.

Maintaining accurate records, following court-ordered deadlines, and ensuring liens are properly released can help avoid future legal and financial complications.

Working with experienced legal counsel can help ensure that both the property owner and lienholder are protected throughout the process.

This blog post is for informational purposes only and does not constitute legal advice. For advice regarding your specific situation, please consult with an attorney.

When a Light Rail Accident Changes Everything

Tue, 07 Jul 2026 20:00:02 GMT

July 6th, 2026

Most people don't expect to be involved in a collision with a light rail train. While these crashes are relatively uncommon, they often result in devastating injuries because of the size and weight of the train involved.

At Donohue McKenney, Ltd., we have represented clients involved in serious Metro Transit light rail accidents. These cases involve unique legal issues that differ from typical automobile accidents and often require extensive investigation, expert analysis, and experienced legal representation.

Light Rail Accidents Can Be Complex

Unlike a typical two-vehicle crash, accidents involving public transit may require determining:

Whether the train operator followed traffic signals and safety procedures.
Whether a governmental entity or transit authority may be responsible.
Whether multiple parties contributed to the collision.
What evidence is available, including surveillance footage, maintenance records, and witness testimony.

These cases can become particularly complicated because governmental agencies often have different legal procedures and deadlines than private individuals.

Serious Injuries Can Have Lasting Effects

Because of the force involved in a train collision, victims may suffer injuries that affect them for years, including:

Traumatic brain injuries
Neck and back injuries
Broken bones
Emotional trauma
Chronic pain
Permanent disabilities

Recovery often extends well beyond the initial hospital stay, requiring months or even years of medical treatment and rehabilitation.

Experience Matters

Our firm has successfully represented clients injured in Metro Transit light rail collisions, including obtaining favorable results through arbitration after presenting extensive evidence regarding liability and damages. In one case, the arbitrator determined that Metro Transit was responsible for the injuries sustained by our client and awarded compensation for medical expenses, pain and suffering, emotional distress, and future damages.

Every case is unique, and outcomes depend on the specific facts and evidence involved.

What Should You Do After a Light Rail Accident?

If you or someone you love has been injured in a collision involving a train or public transit vehicle:

Seek immediate medical attention.
Report the accident.
Preserve photographs and any available evidence.
Avoid discussing fault before speaking with an attorney.
Contact an experienced personal injury attorney as soon as possible.

We're Here to Help

If you've been injured in a light rail accident or another serious motor vehicle collision, Donohue McKenney, Ltd. can help you understand your legal options and pursue the compensation you deserve.

Contact us today for a consultation.

Estate Planning for Blended Families: Avoiding Conflicts and Ensuring Fairness

Tue, 30 Jun 2026 14:54:33 GMT

July 2nd, 2026

Blended families—those created through remarriage where one or both spouses bring children from previous relationships—face unique estate planning challenges that traditional families don't encounter. Without careful planning, the potential for family conflict, hurt feelings, and even litigation increases dramatically. Creating an estate plan that honors your obligations to both your current spouse and your children from previous relationships requires thoughtful consideration and often creative solutions.

The Core Dilemma

The fundamental challenge in blended family estate planning is balancing competing interests and obligations. You want to provide for your current spouse, ensure your spouse has security and support after your death, but also protect inheritances for your children from previous relationships and ensure they receive what you intend them to have.

Without proper planning, Minnesota's intestacy laws and default property rules may produce results that don't align with your wishes. Your children might be unintentionally disinherited, or your spouse might lack adequate resources. Neither outcome serves your family well.

Common Pitfalls to Avoid

Many people in blended families make critical estate planning mistakes that create precisely the conflicts they hoped to avoid. One common error is oversimplifying by using a simple will that leaves everything to the surviving spouse with the understanding that the spouse will then take care of the children. This approach relies entirely on trust and goodwill, with no legal enforcement mechanism if the surviving spouse doesn't follow through.

Another mistake is creating no plan at all, assuming that fairness will naturally prevail. Without a plan, Minnesota law determines who inherits, which may not reflect your wishes at all. Some people neglect to update their estate plans after remarriage, leaving documents that no longer reflect their current family situation or wishes.

Failing to communicate plans to family members is also problematic. Surprises after death often lead to hurt feelings and litigation, whereas honest conversations during life, though difficult, can prevent misunderstandings.

Effective Strategies for Blended Families

Several legal tools and strategies can help balance interests and prevent conflicts in blended families. Qualified Terminable Interest Property (QTIP) trusts provide for a surviving spouse during their lifetime while ensuring remaining assets pass to designated beneficiaries (typically your children) after the spouse's death. This structure gives your spouse income and sometimes access to principal for health, education, maintenance, and support, while preserving the underlying assets for your children.

Life insurance can equalize inheritances between children and stepchildren or provide for children while leaving other assets to your spouse. For example, you might leave the family home to your spouse while using life insurance to give children an equivalent inheritance.

Outright gifts to children during your lifetime can ensure they receive something from you while you're alive to see it. This also reduces your taxable estate and provides certainty that your children will benefit regardless of what happens after your death.

Some families create separate trusts for children from previous relationships, funded during your lifetime or at death, ensuring assets designated for your children are protected and will be distributed according to your wishes.

Prenuptial or postnuptial agreements can clarify property rights and expectations, particularly regarding what each spouse expects to leave to their respective children. While not romantic, these agreements prevent confusion and disputes.

Addressing the Family Home

The family home presents particular challenges in blended families. If you own the home from before the remarriage, you might want it to pass to your children ultimately, but your spouse may need to live there after your death. A life estate or trust arrangement can give your spouse the right to live in the home for their lifetime or until they choose to move, with the home passing to your children afterward.

Alternatively, you might sell the home and downsize to property that you and your spouse purchase together, making the estate division cleaner. Life insurance can also provide funds for your children equal to the home's value while allowing the home to pass to your spouse.

Retirement Accounts and Beneficiary Designations

Retirement accounts pass according to beneficiary designations, not according to your will. This creates complications in blended families. Federal law requires that your spouse be the primary beneficiary of most retirement accounts unless they sign a written waiver. Some couples address this by naming the spouse as primary beneficiary for a portion of retirement assets while naming children as beneficiaries of other accounts or life insurance policies.

Be aware that beneficiary designations override your will. Many people create comprehensive estate plans but forget to update beneficiary designations, resulting in assets passing contrary to their overall plan.

Fairness Doesn't Always Mean Equal

In blended families, fair doesn't necessarily mean treating all children exactly equally. You might choose to give more to your biological children if they have greater financial need, your spouse's children will inherit substantial assets from their other biological parent, you contributed more financially to your biological children's upbringing, or there are significant differences in your relationships with various children.

What matters is that your plan reflects your values and circumstances, that you can explain your reasoning, and that you've considered the impact on family relationships. Document your reasoning so your loved ones understand your intentions even if they don't fully agree.

Communicating Your Plan

One of the most important things you can do for your blended family is communicate your estate plan while you're alive. Hold family meetings to discuss your general approach, explain the reasoning behind your decisions, listen to concerns and questions, and make adjustments if you discover your plan has unintended consequences you hadn't considered.

These conversations are difficult but far preferable to family members discovering your plan after your death when it's too late to ask questions or address concerns.

Regular Reviews and Updates

Blended family situations evolve. Children mature, relationships change, and financial circumstances shift. Review your estate plan every few years and after major life events such as births, deaths, marriages, divorces, significant changes in asset values, or relationship changes within the family.

Professional Guidance Is Essential

Estate planning for blended families is complex and requires careful drafting to balance competing interests effectively. The cost of working with an experienced estate planning attorney is minimal compared to the potential costs of family conflict, litigation, and results that don't reflect your wishes.

An attorney can help you explore options you might not have considered, identify potential problems before they arise, draft documents that clearly express your intentions, and ensure your plan complies with Minnesota law and achieves your goals.

Your blended family deserves an estate plan that honors everyone's interests and preserves family harmony. With thoughtful planning and professional guidance, you can create a plan that provides for your spouse, protects your children, and reflects your values.

This blog post is for informational purposes only and does not constitute legal advice. For advice specific to your situation, please consult with an attorney.

The Essential Checklist for Starting a Business in Minnesota

Thu, 25 Jun 2026 20:00:00 GMT

June 25th, 2026

Starting a business is exciting, but the administrative and legal requirements can feel overwhelming. Minnesota has specific procedures and regulations that new business owners must follow to establish their ventures legally, avoid personal liability, and set themselves up for success. This step-by-step guide walks you through the essential tasks every new Minnesota business owner should complete.

Step One: Choose Your Business Structure

Before you can register your business, you need to decide what type of entity you'll create. Will you operate as a sole proprietorship, form an LLC, incorporate, or create a partnership? This decision affects your liability protection, taxes, and ongoing compliance requirements. For businesses with multiple owners, this decision should be made collaboratively, ideally with input from an attorney and accountant who can explain the implications for your specific situation. Each structure has advantages and disadvantages depending on your circumstances, risk tolerance, and long-term goals.

Step Two: Choose and Register Your Business Name

Your business name is more than just what you call your company—it's a legal identifier that must comply with Minnesota requirements. Check name availability through the Minnesota Secretary of State's website to ensure your desired name isn't already taken or too similar to existing businesses.

Different business structures have different naming requirements. LLCs must include "Limited Liability Company," "LLC," or "L.L.C." in their name. Corporations must include "Incorporated," "Corporation," "Company," or abbreviations like "Inc.," "Corp.," or "Co." Certain words like "bank," "insurance," or "university" are restricted and require special permission.

If you plan to operate under a name different from your legal entity name, you'll need to register a "doing business as" (DBA) name, also called an assumed name, with the Minnesota Secretary of State. Additionally, professionals such as lawyers and accountants must register as professional entities.

Step Three: File Formation Documents

For LLCs and corporations, you must file formation documents with the Minnesota Secretary of State. For LLCs, this means filing Articles of Organization, which typically include your LLC name, registered office address, registered agent information, management structure (member-managed or manager-managed), and organizer information.

Corporations file Articles of Incorporation, which include the corporation name, registered office and agent, number of authorized shares, incorporator information, and any specific provisions about how the corporation will operate.

The filing fee for LLCs and corporations in Minnesota is currently $155. You can file online, by mail, or in person. Online filing is fastest, typically processing within a few business days.

Step Four: Obtain an EIN

An Employer Identification Number (EIN) is essentially a Social Security number for your business. The IRS issues this nine-digit number to identify your business for tax purposes. You need an EIN if you have employees, operate as a corporation or partnership, file certain tax returns, or withhold taxes on income paid to non-resident aliens.

Even if you're a single-member LLC without employees, getting an EIN is advisable. It allows you to open business bank accounts and build business credit without using your personal Social Security number.

You can apply for an EIN free through the IRS website, and you'll receive it immediately upon completion. Never pay a third-party service to obtain an EIN—it's a simple, free process you can complete yourself in minutes.

Step Five: Register for Minnesota Tax Accounts

Most Minnesota businesses need to register with the Minnesota Department of Revenue. You'll likely need a Minnesota Tax ID Number for collecting and remitting sales tax if you sell taxable goods or services, withholding taxes if you have employees, and various other state tax obligations depending on your business type.

Registration is free and can be completed online through the Minnesota e-Services system. The process is straightforward and provides immediate confirmation of your tax accounts.

Step Six: Create Essential Business Documents

Even though Minnesota doesn't require you to file these documents with the state, creating them is crucial for protecting your interests, preventing future disputes, and avoiding personal liability for business debts. LLCs should create an Operating Agreement that outlines ownership percentages, profit and loss distribution, management structure and decision-making authority, procedures for adding or removing members, buy/sell provisiors, and dissolution procedures.

Corporations need corporate bylaws covering board of directors structure and responsibilities, shareholder rights and meeting procedures, officer positions and duties, and stock issuance and transfer procedures. They should also maintain corporate minute books and stock certificates.

Partnerships should create partnership agreements detailing each partner's contributions, profit and loss sharing, management responsibilities, dispute resolution procedures, and exit strategies. Additionally, all businesses should keep annual resolutions signed and dated for all significant business decisions.

These documents prevent misunderstandings, establish clear expectations, provide guidance for handling common business situations, and protect the liability protection your entity structure provides.

Step Seven: Obtain Necessary Licenses and Permits

Depending on your business type and location, you may need various licenses and permits. Most businesses need a general business license from their city or county. Professional services often require state licensing, such as contractors, cosmetologists, accountants, attorneys, healthcare providers, and real estate agents.

Some industries require special permits including food service establishments, liquor sales, childcare facilities, and manufacturing operations. Check with your city or county clerk's office and relevant state licensing boards to identify all required licenses and permits for your specific business.

Step Eight: Open a Business Bank Account

Keeping business and personal finances separate is crucial for liability protection, tax compliance, accurate bookkeeping, and professional credibility. To open a business bank account, you'll typically need your formation documents (Articles of Organization or Incorporation), your EIN, operating agreement or bylaws, and personal identification.

Shop around for business banking options, as fees and services vary significantly between banks. Credit unions often offer competitive rates and lower fees for small businesses.

Step Nine: Obtain Business Insurance

Even with liability protection from your entity structure, insurance provides additional protection and is often required for certain businesses. Consider general liability insurance to cover common business risks, professional liability insurance for service-based businesses, property insurance to protect equipment and inventory, workers' compensation insurance (required if you have employees), and commercial auto insurance if you use vehicles for business.

Work with an insurance agent familiar with businesses in your industry to identify appropriate coverage levels.

Step Ten: Understand Ongoing Compliance Requirements

Starting your business is just the beginning. Minnesota businesses have ongoing compliance obligations including filing annual renewals with the Secretary of State (required for LLCs and corporations), maintaining current registered agent information, filing tax returns and making estimated tax payments, maintaining proper corporate formalities for corporations, and keeping business licenses current.

Mark these deadlines on your calendar and set reminders to avoid penalties and maintain good standing.

Additional Considerations

Beyond these essential steps, consider establishing accounting systems and bookkeeping practices, creating employment policies and procedures if hiring employees, securing appropriate business internet domain names and social media handles, and consulting with an attorney and accountant to ensure you've addressed all legal and tax considerations for your specific business.

Getting Started Right

Starting a business involves numerous administrative and legal tasks, but taking time to complete them properly protects you legally, positions your business for success, and prevents costly problems down the road. While this checklist covers the essentials, every business is unique. Consulting with legal and financial professionals ensures you haven't overlooked anything specific to your situation and industry.

The investment you make in properly establishing your business foundation will pay dividends throughout your business's life.

This blog post is for informational purposes only and does not constitute legal advice. For specific advice, contact us.

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

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Understanding Property Settlement Liens in Minnesota

July 13th, 2026

When a Light Rail Accident Changes Everything

Estate Planning for Blended Families: Avoiding Conflicts and Ensuring Fairness

July 2nd, 2026

The Essential Checklist for Starting a Business in Minnesota

June 25th, 2026

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?

LEGAL ASSISTANT/PARALEGAL NEEDED
for Family Law & Civil Litigation