Dennis Scott Berry's Answers

Mother recently died with will, do I need to probate?

Sorry about your mother's recent death. Based upon the information you provided, it appears that your mother's house is titled solely in her name. If that is in fact the case, you will be required to submit a petition (in a formal probate proceeding) or an application (in an informal probate proceeding) to the court in the county your mother lived in order to probate her estate and to have you appointed as personal representative of your mother’s estate. It is typically less expensive and...

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What is the proper grantor clause to use on a quit claim deed when adding a spouse to a title?

In the grantor space you need to insert "John Quincy Doe and Jane Ann Doe, husband and wife". Be sure that the notary space mirrors the grantor statement. In the grantee space you need to insert "John Quincy Doe and Jane Ann Doe", Your marital status is unneeded in the grantee space. You need to determine whether you and your wife are to receive the property as joint tenants or tenants in common. The deed you have a link to is a deed for tenants in common meaning that the property...

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Can a person lose a child custoday case if person who filed affidavit questioned the filing fee to the court file clerk?

A court clerk does not have any leverage to determine the outcome of a child custody matter. The decision on a custody matter rests with the judge alone. In Minnesota, a judge will make a determination on custody based upon 13 factors. Those factors include: 1. the wishes of the child's parent or parents as to custody; 2. the reasonable preference of the child, if the court deems the child to be of sufficient age to express preference; 3. the child's primary caretaker; 4. the...

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My POA owes sereval thousand for funds he used for his personal use. I have been trying to be repaid.

I suggest you have your attorney-in-fact personally served by the sheriff or a private process server with a written request for an accounting. Be sure to state a date when the accounting must be produced to you. If the accounting is not produced in the time provided, Minn. Stat. §523.21 provides that your attorney-in-fact is personally liable as a result of " the attorney-in-fact's failure to account when the attorney-in-fact has a duty to account" under Minnesota law. This answer...

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I gave POA to a friend to handle personal finance for me when I was in a situation that I was not able to handle my own.

An individual who is named as an attorney-in-fact through your power of attorney has a fiduciary duty to you. Specifically, Minn. Stat. §523.21 provides that your attorney in fact "shall have the interests of the principal utmost in mind." Accordingly, if your attorney-in-fact disposed of your assets for his personal gain without your authorization or consent, you would have an action. Minn. Stat. §523.21 states that "[t]he attorney-in-fact is personally liable to any person, including the...

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Is there a time frame for a subpoena to be serve before a trial date?

The Minnesota Rules of Criminal Procedure Rule 22.03 does not prescribe a time frame for which a subpeona must be served prior to an appearance before the court, deposition or grand jury. Failure to appear for a subpeona that has been served upon you results in a finding that you are in contempt of court and a warrant could be issued for your arrest. Depending on the length of trial, you may be able to contact the party who subpeonaed you to attempt to change the date of your...

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How do beneficiaries get money from an estate of bank accounts after all bills have been paid?

I am sorry to hear about your sister's passing. In Minnesota, small estates for which the probate assets are less than $50,000.00 and do not include real estate are not required to be probated to pass the estate's assets to the deceased person's heirs and beneficiaries. In such cases, thirty (30) days after your sister's death you may deposit the check made out to the estate in your own bank account by presenting an Affidavit of Collection of Personal Property together with a certified...

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What are my chances of full custody?

To fully determine the answer to your question you would need to provide significant more information concerning your present situation. A Minnesota Court will make a determination on custody based upon 13 factors. Those factors include: 1. the wishes of the child's parent or parents as to custody; 2. the reasonable preference of the child, if the court deems the child to be of sufficient age to express preference; 3. the child's primary caretaker; 4. the intimacy of the...

I have a person who borrowed several thousand dollars from me, signed an agreement to repay me, but now refuses to.

If the amount is $7,500.00 or less you should bring a conciliation court action against this person in the county they reside to obtain a judgment. I have attached a link to the Minnesota Judicial Website to download a conciliation court statement of claim. If the amount is greater than $7,500.00 an action must be brought in District Court in either the county you live or the county this person lives. Finally, if this person did not have authorization to charge your credit cards I...

Can a manager/landlord take a tenant to conciliation court if they are not the owner of the property? Or does it have to be the

Minnesota courts typically allow managers, as agents for the owner of the property, to appear in conciliation court on behalf of the owner. The manager should have authorization in a form of a power of attorney to appear on the owner's behalf. In addition, the person appearing on behalf of the owner must have the personal knowledge concerning the matter at issue to testify. Please be advised that this answer does not create an attorney-client relationship or an ongoing obligation to...