Adam W Heaton’s Answers

Adam W Heaton

White Bear Lake Real Estate Attorney.

Contributor Level 7
  1. My neighbor has built several fences that are 2' onto my property. Line has been surveyed & marked but he won't remove them.

    Answered about 1 year ago.

    1. Adam W Heaton
    2. Thomas Michael Fafinski
    3. Andrew Thompson
    3 lawyer answers

    I strongly encourage you to be represented by an experienced real estate attorney, such as myself, because resorting to self-help has the risk of leading to violence. As for what you have shared, it seems to me that it would be unlikely that the adjoining property owners acquired title by adverse possession to the small strip of land, especially considering the fact that the previous fence was located in the correct location. I'd be more than happy to discuss this matter with you further if...

    Selected as best answer

  2. If a previous power of attorney was drawn up does a new power of attorney supersede the previous one?

    Answered about 1 year ago.

    1. Adam William Klotz
    2. Kelly Scott Davis
    3. Adam W Heaton
    4. Andrew Thompson
    5. William Thomas Schemmel
    5 lawyer answers

    The powers granted to the attorney in fact (AIF) in a power of attorney instrument can be revoked at anytime; however, if the original of the previous power of attorney instrument is not destroyed then a third-party could innocently rely on the prior power of attorney instrument to the detriment of the person who initially granted the power to the AIF. Do not hesitate to contact me at my office if you would like to discuss further. ~Adam

    4 lawyers agreed with this answer

  3. Can our neighbor prevent us from using her driveway that is allowed to us via easement even if she never received the agreement?

    Answered about 1 year ago.

    1. Adam W Heaton
    2. Robert Leland Glushon
    3. Shawn Raju Singh
    4. Michael T Millar
    4 lawyer answers

    The first thing you need to do is verify that the easement is "of record." Minnesota has two title record systems, registered and abstract, so you will need to check with the appropriate county office for property records and find out if the easement is of record. If it is, then you have a really strong case; if it isn't, then you will have a much more difficult case, but all is not lost.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. A family member will not sign off on a contract for deed that another family member just finished paying off.

    Answered 11 months ago.

    1. Adam W Heaton
    2. David W. Jacobsen
    3. Stephen William Hance
    3 lawyer answers

    The ownership interest in the applicable real property that the new wife obtained when she married your father is "subject to" the terms of any encumbrances in affect at that point in time. Just like she would be if your father had granted a mortgage to a lender as security for the repayment of a loan; in which case, if your father defaulted on that loan the party holding the mortgage would have the right to foreclose and take the property without any consideration of the fact that the new wife...

    3 lawyers agreed with this answer

  5. I have a (tbi) brain injury. Where can one find a tenant lawyer to assist me if needed in court.

    Answered about 1 year ago.

    1. Adam W Heaton
    2. Elizabeth Taylor Herd
    3. Thomas J. Turner
    3 lawyer answers

    You may contact my office to discuss further if you are looking to hire an attorney to represent you. If, however, you think you might qualify for legal aid, then you could contact Southern Minnesota Regional Legal Services at 651-222-4731. ~Adam W. Heaton

    3 lawyers agreed with this answer

  6. We sued our previous landlord in small claims court and won. What's the best way to collect from him with only his home address

    Answered about 1 year ago.

    1. Adam W Heaton
    2. Andrew Thompson
    2 lawyer answers

    Executing on a judgment is not a simple process; actually, it's somewhat complicated with several different options for how to proceed. In my experience, the dollar amount of the judgment typically factors in to the process of deciding how to move forward. If other attorneys respond to your question, be sure to notice whether they practice law in Minnesota because every state is a little different. I encourage you to contact an attorney to discuss further; I'd be happy to talk with you....

    3 lawyers agreed with this answer

  7. My land lord wants to do a dust/mold test in my unit. I would like them to do the test in winter months when the problem is here

    Answered about 1 year ago.

    1. Adam W Heaton
    2. Thomas Michael Fafinski
    2 lawyer answers

    This would actually be a great time to test for the presence of mold, and even if it was later into the summer mold could be detected if it had been present in the winter. But that is not the issue. If the landlord provides prior written notice of intent to enter the unit, then there is not much you can do to stop the landlord (with some exceptions). I assume the landlord wants to enter the unit during a weekday; if correct, then that would typically be considered reasonable as long as the...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. If someone owes me money and writes a letter stating this and gets it notarized is this legally binding?

    Answered about 1 year ago.

    1. Adam W Heaton
    2. Thomas Michael Fafinski
    3. Judy A. Goldstein
    4. Bryant Keith Martin
    5. Jeremy Judson Cobb
    5 lawyer answers

    I don't necessarily agree with my colleagues answers. In my opinion, the answer is "It depends." It depends on what is in the letter. The author and signor of the letter must make certain specific statements in the letter, that if present, could satisfy the necessary requirements to be able to pursue collection of the underlying funds. Additionally, in Minnesota, in certain circumstances the law allows the party in recent of the underlying funds to keep those funds without any obligation to...

    2 lawyers agreed with this answer

  9. I am my Mom's POA. However, now her husband has died and the lawyer will not let me handle her affairs.

    Answered about 1 year ago.

    1. Adam W Heaton
    2. James P. Frederick
    3. William Thomas Schemmel
    3 lawyer answers

    In order to be recognized as a valid attorney in fact pursuant to a validly executed power of attorney, you will need to be in possession of the original written instrument that has your mother's signature on it. There also must not be a written instrument signed by your mother that revokes your authority as attorney in fact pursuant to the power of attorney instrument. Additionally, unless indicated to the contrary on/in the power of attorney written instrument, the power’s and authority...

    2 lawyers agreed with this answer

  10. How do I get money out of a trust account without losing any to taxes?

    Answered about 1 year ago.

    1. Adam W Heaton
    2. Ruth Elaine McMahon
    3. Adam S. Bernick
    3 lawyer answers

    As already stated, it depends on the terms of the trust instrument. Additionally, a person designated in the trust to receive from the trust frequently does not have a right to a copy of the trust instrument. In Minnesota the person responsible for managing the trust is known as the trustee. If you know who the trustee is you could ask them to tell you all about the terms of the trust, but they may not be permitted to discuss it with you so be prepared for that.

    1 lawyer agreed with this answer