What is Minnesota's “Dog Injury” Law?
May 1, 2013 | John T. BuchmanIt is spring in Minnesota (finally) and people are finding many ways to be back outdoors enjoying the sun and nicer weather. Unfortunately, this can also bring an increase in incidents involving animal attacks, specifically dog attacks and bites as man’s “best friends” head back outdoors along with him. Minnesota has long had a law that creates liability for dog owners whose “best friends” are decidedly unfriendly and bite or injure others. This is commonly referred to as the “dog bite” statute (Minn. Stat. § 347.22). This law was enacted in 1951. Under the statute, “If a dog, without provocation, attacks or injures any person who is acting peaceably in any place where that person may lawfully be, the owner of the dog is liable . . .” Thus, an injured person must establish that they did not provoke the dog, they were acting peaceably in a place where they might lawfully be and that their injuries were the “direct and immediate” result of the dog’s actions. This law only applies to dogs and not cats. There is a bill currently in the legislature to include cats but it is uncertain whether it will become law. The law also applies to anyone who is “harboring” the dog (which means actively caring for the…
Read MoreThe Benefits of Setting up a Trust
April 29, 2013 | William F. HuefnerSetting up a trust can convey many estate planning benefits. However it’s important to set up the right trust for the right situation and to get a qualified estate lawyer to help you do the job correctly. Trusts can help you avoid probate because they name a beneficiary. If you’ll recall from our previous discussion on probate, assets with a living, named beneficiary rarely, if ever, have to go through probate. Trusts can also reduce the amount of estate taxes that a beneficiary might have to pay. However, you have to set up the trust correctly. There are different kinds of trusts with different rules governing them. An after-death trust actually does, for example, put your assets right back into probate. Those assets then go on to fund the trust. The after-death trust is administered by a trustee and may be overseen by the court. You may think there’s no good reason to use the after-death trust because of the probate process, but there are situations where it’s appropriate. In some cases it’s a good vehicle for transferring assets to minor children or for transferring assets to disabled adult children. Living trusts are created while you are still alive. You become the trustee, and someone you designate becomes the beneficiary. Revocable living trusts…
Read MoreHow Does Probate Work in Minnesota?
April 22, 2013 | William F. HuefnerProbate in Minnesota may seem a little mysterious, but it’s actually relatively straightforward. Here’s what you need to know. First, probate is just the process of settling the estate when you die. Popular fiction and television have often characterized it as a court’s attempt to make sure the state keeps as much of your property as possible, but that’s not actually what happens. In fact, probate can be as simple or as complicated as your documentation and your heirs make it. The first step is to determine what does and does not need to go through probate. Property that you already own with another person doesn’t go through probate, for example. If you and your spouse have a joint bank account and both of your names are on that bank account then the account probably won’t go through probate. Ownership of it and everything in it will simply pass to your spouse. Homes and businesses may transfer in the same way. However, an attorney may still need to oversee a title transfer that does need to be handled correctly. Property with living named beneficiaries also doesn’t go through probate. Retirement plans, annuities, and life insurance policies usually all have named beneficiaries who would simply receive the property. Estates worth $50,000 or less also…
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