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Who gets access to your online accounts after you die?

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You may have a plan for what to do with your physical belongings after you die, but what about your online accounts? In today’s social media-dominated world, your digital presence will likely exist online even after you are gone. But who has the right to access those accounts? States have begun addressing this issue with new digital access laws. Under current Facebook policy, if an account member dies, Facebook will remove the account at the request of “an immediate family member or executor of the account holder”. Facebook also allows “memorializing the account” at the request of “a family member or close friend”....

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How to avoid a “seriously misleading” filing

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As a business owner, you may have some experience poking around the Minnesota Secretary of State’s website. You might have been searching for the relevant forms on corporate status, financing statements, or the numerous other filings. Keeping up with the nuances of these forms can be frustrating because you would rather spend your time perfecting your product or service. A commonly overlooked wrinkle to filing security interests in Minnesota was passed by the legislature back in 2011. The purpose of the new language was to create more certainty when trying to ascertain who holds a security interest in collateral when the debtor is an...

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Q&A: Is there an estate tax exemption when selling inherited real estate?

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QUESTION: My siblings and I inherited a parcel of land from our parents. We are in the process of selling it, and I was told you can receive up to $250,000 in a lifetime and not have to pay taxes on any capital gains. Is this correct? ANSWER: ESTATE AND INCOME TAX It is important to distinguish the difference between an estate tax and income tax (which includes capital gains). An estate tax is a tax on the net value of the estate of a deceased person before any distribution to the heirs. An income tax is a tax directly on earned and unearned income...

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Do I have to pay maintenance to my ex after a divorce?

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SPOUSAL MAINTENANCE IN MINNESOTA Spousal Maintenance, also known as alimony, is ordered in a Minnesota divorce when one spouse needs financial assistance from the other spouse to maintain the lifestyle they have grown accustomed to during the marriage, after the marriage is dissolved. A Minnesota Statute controls spousal maintenance in Minnesota, which provides the elements that the judge must consider when determining if, and how much, spousal maintenance will be paid. Unlike child support, there is not a statutory calculator for the determination of a spousal maintenance award amount. Rather, the judge will analyze considerations such as the marital standard of living, the age of...

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Who gets the engagement ring in a Minnesota divorce?

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WHO KEEPS THE ENGAGEMENT RING IN A DIVORCE? As family law attorneys, we are often asked this question. In Minnesota, the best answer is… It depends. Minnesota Courts view an engagement ring as a conditional gift that is given in contemplation of marriage. Thus, ownership of the ring depends on whether an engagement was followed by a wedding. If there is no marriage, there is no gift and the ring must be returned, regardless of who called off the engagement. Once the parties are married, Minnesota Courts treat the engagement ring differently. Because marriage satisfies the condition of the gift, the engagement ring becomes...

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How do I calculate child support in Minnesota?

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MINNESOTA CHILD SUPPORT Child support is an ever-changing area of the law. While the child support process is designed to be user-friendly for the general public, it can quickly become complicated for those unfamiliar with Minnesota’s Child Support Guidelines. Minnesota Child Support Guidelines focus on three types of child support: Basic child support; Medical child support; and Child-care support (daycare costs). Child support is based on a formula that has been enacted by the Minnesota Legislature. The Minnesota Department of Human Services (DHS) provides a free online Minnesota Child Support Guideline Calculator that can be useful in calculating guideline child support obligations. UPDATED GUIDELINES Back in August of 2018, the Minnesota Legislature...

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