Contesting a Will
A will is an official legal document. Simply disliking the results of a will is not enough to justify a valid challenge to a will. Wills can be contested for a variety valid reasons including mental incapacity, undue influence, fraud, duress, and improper witnessing. Grounds for contesting a will. 1. Lacking Capacity The person who created the will did not have the testamentary capacity. If the testator is suffering from a serious mental impairment at the time the will was created, there may be a valid argument for contesting it. The test is to determine whether the person fully understood... Read More
Minnesota’s Slow-Poke Law
You may have heard of the new “slow-poke” law which is advertised as prohibiting people from driving slow in the left lane. Not quite. The new law reads: “Upon a roadway with more than one lane in the same direction of travel, a person must move out of the left-most lane to allow another vehicle to pass, when practicable under existing conditions.” Thus, the law does not set a minimum speed for the left lane, but rather requires persons to get out of the left lane to allow another vehicle to pass – so long as it is practicable to... Read More
Farrish Johnson Attorneys Recognized Among Top 5% of Minnesota Lawyers
Two Farrish Johnson Law Office attorneys, Scott V. Kelly and William S. Partridge, have been named “Super Lawyers” for 2019. This prestigious award from Super Lawyers, a Thomson Reuters business, recognizes them to be among the top 5% of all lawyers in Minnesota. Scott and Will, trial lawyers practicing in personal injury litigation, business disputes and construction law, have received this distinction every year for the last 19 years! Additionally, three attorneys with Farrish Johnson Law Office, Daniel J. Bellig, Joseph A. Gangi and Amy E. Sauter, were recognized as “Rising Stars”. This distinction is given to the top 2.5% of... Read More
Minnesota’s New Hands-Free Law – What You Need to Know
Beginning August 1, 2019, Minnesota will become a “hand-free” state. Although Minnesota law already prohibited texting, emailing, and browsing while driving, drivers could still use a cell phone to make calls and do other things. The new law brings significant change. Here is what you need to know. The new general rule is that a driver may no longer use a cell phone when their vehicle is in motion or part of traffic to do the following: The driver cannot initiate, compose, send, retrieve, or ever read an electronic message. The driver cannot engage in cell phone calls, cannot initiate... Read More
Representing Daycares and Daycare Directors
Continuing his representation of daycares and daycare directors, Attorney Joseph A. Gangi recently obtained a dismissal of all criminal charges brought against a daycare director in Rice County who DHS says committed billing fraud. The district court judge found that there was no probable cause to support criminal charges and dismissed the case. This case comes after Mr. Gangi’s landmark decision in Kind Heart Daycare v. Commissioner of Human Services, where the Minnesota Supreme Court agreed that DHS was not properly interpreting the applicable criminal statute governing billing fraud. For more information on these issues, please contact Mr. Gangi at... Read More
50+ Lifestyle Expo–TODAY!
Stop by and visit Farrish Johnson attorney Paul Moosbrugger at the 50+ Lifestyle Expo in the Mankato Civic Center from 9am to 2pm TODAY!
It’s April 2019…Do You Know What Your Estate Plan Is?
As the Spring Season enters full swing, it is a good time to do spring cleaning, to plant the garden and trim the bushes, to address home improvement projects that have been neglected, and for many, to dust off their Estate Planning Documents for a regular review. The average person’s financial, familial and legal circumstances are constantly in flux. Over time, these changes can call for the need to revisit and potentially revise one’s estate plan. Changes in the size and nature of your estate, your familial structure and family relations, as well as changes in the law are just... Read More
Elder Abuse Continues to be a Problem in Minnesota
Instances of physical abuse and neglect, as well as financial abuse and exploitation of Minnesota’s communities of elderly and vulnerable adults continue to prevail. Whether it be assisted living or nursing home staff, in-home caregivers, or family members charged with the physical and financial care of elderly and vulnerable adults, it is thought that as many 1 in 10 American’s over the age of 60 can experience some form of elder abuse during their lifetime. This high number is largely based on the statistic that only about 1 in every 14 cases of elder abuse are actually reported. According to... Read More
Free Estate Planning Seminar
Join us on Thursday, March 14 at 10 am at the Madelia Library for a FREE seminar on estate planning! We will discuss the following topics: Wills Trusts Probate vs. Non-Probate Healthcare Directives Transfer on Death Deeds Estate Tax Planning Solutions Charitable Gift Planning Medical Assistance Minnesota Farm Estate Tax Exception And More! Refreshments will be provided. This event is open to the public. Invite your friends! CALL 507-625-2525 TO RSVP TODAY! See you at the Library on March 14!
Minnesota legislature to address sexual harassment standard in the workplace
Many Minnesotans find themselves victims of sexual harassment in the workplace, but powerless to stop it. Generally, there are two types of sexual harassment claims: “quid pro quo” and “hostile work environment.” In the quid pro quo situation, an employee must show that submission to unwelcome advances was conditioned on receiving job benefits, or perhaps that refusal to submit to such advances resulted in some kind of adverse job action. The second type of claim arises in the hostile work environment situation. This is where an employee is subject to lewd comments or jokes, repeated requests for dates or favors,... Read More