Monthly Archives:: October 2009

The Difference Between Formal and Informal Probate in Minnesota

There are two different tracks one can take when an estate needs to go through the probate process in Minnesota: formal and informal. Informal probate is the most commonly used form, and is easiest for parties to use when the assets are straightforward and when everyone involved gets along. However, there are situations where formal probate… Read more »

What Happens to Business Interests in Minnesota Divorce?

When parties are married, everything that is earned or created during the marriage is marital property. Also included in the definition of marital property is a portion of any asset that was acquired before the marriage but increased in value during the marriage. An asset that people often overlook when they are getting divorced is a… Read more »

How to Use Parenting Plans in Minnesota Custody Cases

When parties decide to get a divorce, how do they determine the parenting schedule that will be used? The court looks at the 13 “best interest” factors when determining custody. Each of the factors is weighed in the analysis, and the court will determine who should have custody. However, when the parties first separate, there generally is… Read more »

Protecting Your Credit in Real Property Divisions in Minnesota Divorce

A common part of a settlement agreement with divorce is the division of the homestead. Real property is considered marital if it was purchased during the marriage, regardless of whose name is actually on the title. In addition, if one party purchased the home prior to the marriage, the other spouse is entitled to some of… Read more »