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Swenson Lervick News

Dealing with division in Divorce

Minnesota is a "no fault" divorce state, which means courts will not financially punish or reward a party when dividing assets and debts because of good or bad behavior during the marriage. Generally speaking, the courts will "equitably" divide the marital assets and liabilities between the parties. Disputes arise over whether an asset is "marital," and therefore subject to division, or "non-marital," in which case one party is entitled to the asset without consideration to the other party.

Estate Planning for 2020

If you have been putting off your estate planning, don't worry, you're still alive! But... no one lives forever so let's recognize it as a great opportunity to start thinking about estate planning in 2020. Your loved ones, family members and others will thank you.

Don't Get Sued Because of Your Holiday Party: Tips for Employers to Ensure a Safe and Fun Holiday Season.

The holidays are a great time for companies to celebrate their achievements and show appreciation for their employees. While holiday parties are a fantastic way for colleagues to come together, unwind and enjoy each other's company, it is important for employers to be cognizant of the many risks they present, such as sexual harassment due to a more relaxed attitude, religious discrimination, and the many risks associated with offering alcohol at your party.

SCAM ALERT!

We have recently become aware of an email scam where the scammers send invoices that use our firm's address and a similar phone number. One such invoice has the following header:

Chronic Pain, Macular Degeneration to Qualify for Medical Cannabis

The Minnesota Department of Health has announced that effective August, 2020 chronic pain and macular degeneration will be qualifying conditions under the state's medical cannabis law. Therefore, people diagnosed with those conditions will soon be eligible for medical cannabis prescriptions as a treatment option.

When Man's Best Friend becomes Baby's Worst Nightmare

My last post was about minor settlements, which are settlements on behalf of a minor person (often a suit brought by their parents) which must be approved by a court. Some of the most common cases we see that involve injured children are car accidents and dog-related injuries.

When is the right time to incorporate my small business?

Many individuals start their small business as a sole proprietorship or as a simple general partnership with a friend. As some point, the question always arises, "Should I form an LLC or a corporation?" Minnesota has a variety of different types of corporate entities of which both a limited liability company and a corporation are included. Each has its advantages and disadvantages as far as taxes and management, but the general questions that should typically be answered when forming a company are as follows:

Could payable on death accounts benefit your estate plan?

Many Minnesota residents know that probating an estate can take a considerable amount of time. You may know this from firsthand experience closing a loved one's estate or from hearing others talk about the long process. As a result, you want to do what you can to help your family settle your estate more easily when the time comes.

One way you can help your probate case go more quickly is to avoid having certain assets go through the process. You may be able to transfer certain assets into trusts and remove them from your estate to avoid probate, and you may also be able to utilize payable on death accounts.

Your Guide...to Discovery

In a previous article I noted that most lawsuits include an information-sharing phase called discovery. Discovery is like a fishing expedition because it is how the parties "fish" for information about each other's cases. And, like a tackle box with different lures, the courts' rules give us many different tools for fishing for information during a lawsuit. 

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