Grandparents’ Visitation Rights
Most grandparents value the importance of establishing and fostering relationships with their grandchildren. In many cases, however, the child’s parent(s) or legal guardian(s) deny grandparents to be a part of their grandchild’s life. Minnesota Statutes §257C.08 allows for reasonable visitation rights of grandparent to their grandchildren in several different situations, including: If the grandparent’s child–the grandchild’s parent–is deceased; If the grandchild has resided with the grandparent or great-grandparent for a period of one year or more; and At any time during or after dissolution, separation, annulment or custody proceedings. Whether a grandparent will be awarded visitation rights depends on several factors,... Read More
Working Conditions for Women–Women’s Economic Security Act
The Women’s Economic Security Act became effective August 1, 2014, and applies to all employers with 21 or more employees. While the law was designed to improve working conditions for women, it applies to both women and men. The law provides that “familial status” is now a protected class, and an employer may not refuse to hire, discharge or otherwise discriminate against a person with respect to the terms and conditions of employment based on their familial status. The law also provides protection for employees who are pregnant or in the process of securing legal custody of an individual who... Read More
Estate Planning–Not Just for the Wealthy
Prince’s death is now being overshadowed by his apparent lack of a will. Prince’s sister filed a Petition for the Appointment of Special Administrator for the artist’s estate stating she had no knowledge of a will and no reason to believe Prince had one. The absence of estate planning means Prince’s estate could be embroiled in legal disputes for years to come. Proper estate planning not only minimizes tax liability, but also ensures the decedent’s wishes are carried out. Having a proper will and estate plan determines what will happen with your assets and property when you die and planning for tax... Read More
Expungement: Eligibility if Convicted of a Felony
We recently highlighted the process of criminal expungement. As noted in that article, not all crimes are eligible for expungement. A felony-level conviction is eligible only if it is listed in the expungement statute itself. But most petty misdemeanors, misdemeanors, and gross misdemeanors qualify for expungement after a period of time. So what happens if you are convicted of a felony-level crime that is not listed in the expungement statute but, because of a favorable sentence like a stay of imposition, the conviction is deemed a misdemeanor or gross misdemeanor after successful completion of probation? Are you eligible for expungement... Read More
Arbitration Clauses–Good and Bad
Mandatory binding arbitration clauses are now found in a vast majority of consumer contracts, ranging from credit card and cell phone agreements to real estate purchase agreements and car rental agreements. In recent years there has been an expansion of arbitration clauses in the employment setting and with medical providers and nursing homes. Arbitrations became popular dating back to the early 1920’s. The courts favor arbitration agreements and they are generally enforced. The downside to arbitration clauses are: Loss of a right for a jury trial, a trial of your peers; Limitation on appellate review; Arbitrations are generally confidential; Arbitration... Read More
Fighting for Your Rights
In 2014, Minnesota joined several states to offer compensation to persons who served time in prison for a crime they did not commit. Wrongful convictions have been on the rise lately, thanks in large part to state “innocence projects” and have gained particular attention with the Netflix series, “Making a Murderer.” Attorneys Joseph Gangi and Daniel Bellig currently have an appeal pending before the Minnesota Court of Appeals, challenging application of the new compensation statute. A judge denied an award of compensation to a person who was declared innocent by the Minnesota Supreme Court. As written, the compensation statute requires... Read More