News & Articles

Living Together Outside of Wedlock - The New Normal?

According to the 2010 census, there are 7.5 million unmarried couples living together in the United States (that’s 15,000,000 individuals). The number of unmarried, cohabitating couples has increased a whopping 138% since 1990 and 13% year-over-year from 2009! This dramatic increase in the number of people living together, but not getting married, creates significant legal issues that can have profound…

Recent Legislative Changes Affecting Minnesota Estate Planning

Recent Law Changes
The Minnesota legislature recently made some very positive changes that relate to estate planning. The changes simplify and even reduce taxation for MN residents dying on or after January 1, 2014.

Gift Tax
The Minnesota Gift Tax has been retroactively repealed. This is wonderful news, since Minnesota had been one of only 2 states…

Eighth Circuit Affirms Minnesota Credit Agreement Statute

Eighth Circuit Affirms Minnesota Credit Agreement Statute and Dismisses Borrower Claims Based on Lender’s Oral Promise

On April 4, 2014, the Eighth Circuit in Bracewell v. U.S. Bank National Association affirmed the validity of the Minnesota Credit Agreement Statute (“Statute”) which provides “A debtor may not maintain an action on a credit agreement unless the agreement is in writing,…

Minnesota Foreclosure Case Law Update - Strict Compliance is the Absolute Rule

On December 23, 2013, the Minnesota Court of Appeals, in the case of Hunter v. Anchor Bank, N.A., specifically concluded that when two separate parcels of land secure one mortgage, each parcel must be sold separately at a foreclosure sale as required by Minnesota Statutes §580.08, and the failure to strictly comply with this requirement causes a non-compliant foreclosure sale to be void.  In reaching…

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