Update! Revocable Trust Reporting
In March, Farrish Johnson Law Office let you know about pending Minnesota legislation regarding revocable trust reporting to the Minnesota Department of Agriculture (find the article here). Now, Governor Dayton recently signed legislation providing that the trustee of a revocable trust with respect to which either the settlor, the settlor’s spouse, or both, are the primary beneficiaries during the settlor’s lifetime shall not be required to file with the commissioner of the Department of Agriculture a corporate farm application seeking approval to allow the trust to hold agricultural real estate during any period that the trust is revocable. This legislation... Read More
Join Farrish Johnson at the Mankato 50+ Lifestyle Expo
Attorneys and staff from Farrish Johnson Law Office will be at the Mankato 50+ Lifestyle Expo tomorrow, Tuesday, May 9 from 9am to 2pm at the Verizon Event Center. Paul Moosbrugger and Steve Fink will be available to answer your questions about estate planning, trusts, wills, probate, tax law, heath care directives, power of attorney and more. Farrish Johnson Law Office offers a comprehensive range of legal services and we look forward to see you at this exciting event!
Federal Real ID Laws in Minnesota
Minnesota is one of the last states out of compliance with the Federal Real ID Law which sets minimum security standards for state issued driver’s licenses and identification cards. The deadline to come into compliance is early 2018. If Minnesota fails to come into compliance, Minnesotans risk losing access to commercial aircrafts and to federal and military facilities. While there are issues of privacy, the primary issue in the legislature appears to be the requirement to prove citizenship. Republicans generally oppose providing driver’s licenses to undocumented immigrants. Democrats argue having to prove citizenship would prevent undocumented immigrants from getting even... Read More
Mankato Habitat for Humanity’s New ReStore Ribbon Cutting TODAY!
Join us for Mankato Habitat for Humanity’s ribbon cutting ceremony with Greater Mankato Growth to celebrate the new ReStore, today, Friday, April 21 at 11:30 am. Enjoy a tour and refreshments following a brief ceremony. ReStore’s grand opening is today and tomorrow and you are invited to stop by!
Is it Time To Review Your Liability Waiver?
Many businesses use liability waivers – a release signed by customers to prevent them from suing the business in the event they get hurt. At least, they are supposed to. In a recent Minnesota case, Price v. Fitness Together Maple Grove (Minn. App. 2017), a health club member was seriously injured after her personal trainer purportedly dropped a weight on her head. She sued the health club for her injuries. The health club relied on a waiver the member signed and argued that the waiver precluded the lawsuit. The Minnesota Court of Appeals disagreed, holding that the language of the... Read More
No-Fault Automobile Insurance
Automobile insurance can protect you from financial cost of an accident or an injury. No-fault automobile insurance is governed by state statute and requires the owner of every vehicle licensed in the state of Minnesota to provide insurance. Who is Covered? You are covered by the policy in your name. Any relative living in your home that does not have a policy in his or her name is covered by your policy. This includes a spouse, children or minor in your custody. A driver using your car with permission who is not covered by another policy will be covered by... Read More
Minnesota Workers’ Compensation Advisory Council Legislative Proposal
During its meeting on February 15, 2017, the Minnesota Workers’ Compensation Advisory Council (WCAC) discussed a legislative proposal to add post-traumatic stress disorder (PTSD) to the list of the presumptive occupational diseases covered under the workers’ compensation statute. The proposal comes from Senators Nick Frentz and Dan Schoen. Citing some statistics that show suicide rates for police officers and firefighters are more than double that of other occupations, as well as other environmental factors, such as a routine absence of choice of what dangers the police officers and firefighters are exposed to, the proposal would make PTSD a presumptive work-related... Read More
What is No-Fault Coverage?
No-fault coverage applies to expenses resulting from injuries sustained in an accident. It was established to help ease the burden of the courts ensuring proper treatment for accident victims. No-fault is the Personal Injury Protection (PIP) on your policy also referred to as Basic Economic Loss Benefits. No-fault covers your medical costs, wage loss, replacement services such as housekeeping and, in the event of death, money for funeral expenses. No-fault claims are first made on your own PIP policy. The minimum no-fault coverage is $40,000 as of 2017. This amount is available to each person injured in the accident. $20,000... Read More
Revocable Trust Reporting to Minnesota Department of Agriculture
There is legislation currently working its way through both chambers of the Minnesota legislature that would eliminate the requirement that a revocable trust holding title to agricultural real estate register with the Minnesota Department of Agricultural. The Minnesota corporate farm statute limits the type of entities that may legally own agricultural real estate. The statute lists a number of exceptions to the corporate ownership prohibition. One of these exceptions is farmland held by revocable trust. Current law requires the trustee of a qualified trust to file an application with the Department of Agriculture for a certificate of compliance. If approved,... Read More
Minnesota Supreme Court Clarifies Scope of Expungement Statute
The Minnesota Supreme Court has now clarified certain aspects of Minnesota’s expungement law. The issue is whether a criminal felony conviction, not able to be expunged on its own, can nonetheless be expunged if the conviction was deemed to be a misdemeanor under Minnesota law. One side of the argument says the answer is “yes” because the conviction is for a misdemeanor. The other side of the argument says the answer is “no” because the person was originally convicted of a felony. The Minnesota Supreme Court answered this question with a “no” – there is no opportunity for expungement of... Read More