Wasche Corner – From the Experts

Follow our legal blog as we discuss some of the most common questions in Blaine, Minnesota and the Twin Cities.

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Do I need a Co-habitation Agreement?

A co-habitation agreement is a written agreement between two domestic partners that choose to live together without getting married.  Such an agreement can describe the property rights and anticipated cash flow of living together.  A co-habitation agreement can set...

MN Eviction Moratorium

The Eviction Moratorium officially expires as of June 1, 2022. Landlords will be able to proceed with evictions as before COVID. Tenants who are behind on rent, are in violation of their lease, or who are engaging in illegal activities are subject to termination of...

Do you think your child is in danger?

If you have an existing custody arrangement, and you think that arrangement is putting your child in danger, you may want to initiate a modification to your custody arrangement. A motion must be made before the court requesting the modification, and evidence must be...

Trusts and Wills

No matter how large or small your estate, it’s important to have your estate planning in order. Not only does having a will or trust drafted help you leave clear directions on who shall distribute your estate and how, but it also can also make the process of...

Child Support

If a child’s parents are divorced or separated (or even never married at all), support is be paid from one parent to the other to provide for the child’s care and well-being. Traditionally it is one parent seeking child support payments from the other parent of the...

Health Care Directive

A Health Care Directive is a document that appoints a health care agent to act on your behalf in the case of medical circumstances in which you are unable to speak for yourself. Having a Health Care Directive is helpful to health care providers so that your wishes are...

Eviction Moratorium

As of October 12, 2021, the eviction moratorium in Minnesota has been lifted. The Federal CDC eviction mortarium is also no longer in effect. Landlords can now terminate a lease and/or file an eviction for different reasons, including non-payment of rent. However, a...

Power of Attorney

A power of attorney is one of the common forms used as part of the estate planning process. The "principal" is the person who is creating the power of attorney, or authorizing the power. The attorney-in-fact is the person the principal is giving authorization to. A...

Probate Basics

Probate is the court process that authorizes a personal representative to transfer a deceased person's property. Two important determining factors on if a person's estate needs to go through probate are: 1) did the person own real property in their name only, and 2)...

Child Custody – Visitation Schedule

In a custody case, both physical custody and legal custody must be agreed upon or determined by a judge. Legal custody specifies which parent, or both parents if joint legal custody, has the right to  make important decisions for the child(ren) including education,...

Affairs and Divorce

Minnesota is a no fault state, which means that a party can ask for divorce without any specific reason other than irretrievable breakdown of marriage. However, being a no fault state also means that having an affair is not typically considered in the issues reviewed...

Navigating Through Discovery

Discovery is a process in a lawsuit that happens prior to trial that allows each party to investigate the facts of the case, whether it's a divorce case, real estate dispute, contract dispute, etc. Four ways for obtaining information from the other party are:...

Setting Up a Small Business

When setting up a business in Minnesota, the first item to consider is determining the type of business you are wanting to set up. Two common types of businesses to set up are corporations and limited liability companies. When considering what type of business is...

Is Your Estate Planning Current?

If you have taken the first step and had your estate planning documents (i.e. will, power of attorney, health care directive) drafted, you are off to a great start. However, have you had life changing events since drafting those documents? Have many years passed...

Best Interest of the Child

Custody arrangements should be arranged based on the best interest of the child. If parents cannot negotiate a custody settlement agreement outside of court, the court will review the facts of the case and look at specific factors in their evaluation. Those factors...

Is this dog abandoned?

On April 13, 2020, a decision was filed by the Minnesota Court of Appeals that reversed a Hennepin County District Court's decision regarding awarding an "abandoned" dog to the Respondent who had been caring for the dog for the original owner. The timeline of the...

Who Needs a Will?

Have you thought about getting a will drafted? Have you wondered if it would be worthwhile for you to have a will prepared by an attorney? If you haven’t asked yourself these questions yet, it’s something you should be asking now, as it is never too soon to execute a...

What debt will I have after divorce?

When looking at divorce, many people are concerned with how assets will be divided post-divorce, but another item of concern is how the parties' debts will be divided post-divorce. Any amount of money you and your spouse owe could be subject to division when going...

Health Care Wishes

A health care directive is not a document you must have, but it certainly is one you should have. A health care provider will listen to what people close to you say about how to proceed with medical treatment, but without a health care directive stating your wishes...

Do your documents do their job?

The Court of Appeals affirmed a district court's case in September of this year granting summary judgment permitting real property to be used for purposes other than a golf course. The Duluth Automobile Club obtained land in 1931 that contained a golf course and...

Distribution of Assets

When stating how to distribute a deceased person's assets, one method is "per stirpes" or "right of representation". Per stirpes means that a deceased person's assets are evenly distributed to their children, and if their children have already passed, then to the...

Division of Assets – Marital Home

Generally when a couple is getting a divorce, the most valuable asset is the home. The court will take into account the length of the marriage, any prior marriages, age, health, occupation, etc. when determining how to split up marital assets, including the home. One...

Landlord-Tenant Law

March 6th, 2019 the Minnesota Supreme Court issued a landlord-tenant decision related to habitability of residential rental real estate.  Minnesota’s residential landlord-tenant statute requires that landlords keep a residential rental property in a habitable...

Real Estate Acquisitions

The process of buying a home is not only filled with many documents in order to conduct the sale, but there are also many different people involved in the transaction including real estate agents, lenders, title companies, etc. When taking the often times long and...

A New Year With a New Resolution

With the new year comes new plans and resolutions to change or better your life. Perhaps your resolution is to be better prepared in life. Thinking in the big scheme of things, being prepared for end-of-life is very important, and one big check mark you could check...

Alimony

Spousal maintenance, also known as alimony, is granted by the court for either spouse if it finds that the spouse seeking maintenance (1) lacks sufficient property, or (2) is unable to provide adequate self-support. When determining if spousal support is to be...

Parenting Consultant (PC)

A Parenting Consultant (PC) is a neutral third party who is hired by a contract to help advocate for the best interests of children in a custody case. Both parents must agree to the hiring of a parenting consultant, and then the court can order the appointment of a...

Grandparent Visitation Rights

Minnesota does recognize the rights of grandparents to visit with their grandchildren. When there are situations in which a grandparent's own child is dead or absent or has their own parenting time restricted, or even if the grandparent and their child are simply...

Recognition of Parentage

If the parents of a child were never married, the mother has sole legal and physical custody until a court order says otherwise. It is presumed that the mother is the parent of a child, but unless the father and mother are married, there is no presumption for the...

What is a Power of Attorney?

A power of attorney is a legal document that authorizes another person to act on your behalf. The actions the appointed person can make vary from real property transactions to banking transactions to business operation transactions. A power of attorney is established...

Do you have your affairs in order?

Do you have a will? Do you know that having a will doesn't guarantee your estate won't have to go through probate? Having a will is definitely an important step in estate planning, and if your assets must go through probate, it can help speed up the probate process....

Adultery and Divorce in Minnesota

Minnesota is a "no-fault" divorce state, which means if you or your spouse believe that your marriage is irretrievably broken (meaning, so badly damaged that it can't be saved), and the judge agrees, then the court will issue a divorce order. There's no need to get...

Do You Have A Prenuptial Agreement?

Are you getting married and wanting to know about a prenuptial agreement? Or are you already married and would like information about a postnuptial agreement? Either agreement is a good way to help keep any break in the marriage as clean as possible in regards to...

MN Adverse Possession Laws

What is Adverse Possession? An individual who openly inhabits a property that he or she does not actually own and makes improvements over a certain period of time may be granted legal title under the doctrine of "adverse possession." Technically, the waiting period...

Parenting Time Blunders

This week the MN Court of Appeals affirmed a district court's decision in 1) denying appellant's request for an evidentiary hearing, 2) modifying legal custody without an evidentiary hearing or adequate findings, and 3) restricting her parenting time without adequate...

All in the Family

This week the Minnesota Court of Appeals decided a case where a son sued his father because he fell out of a deer stand on his father’s property.  The son was deer hunting on the father’s land in Pine County, Minnesota.  A landowner’s duty of care and duty to warn...

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Contact Attorney Kenneth M. Wasche for a Free Initial Consultation

Consultations can be scheduled on-site at Attorney Kenneth M. Wasche’s Twin Cities office or off-site as necessary.

Our primary office is located in Blaine, Mn and our services extend to the following cities: Minneapolis, Saint Paul, Rochester, Bloomington, Duluth, Brooklyn Park, Plymouth, Maple Grove, Woodbury, St. Cloud, Eagan, Eden Prairie, Coon Rapids, Blaine, Burnsville, Lakeville, Minnetonka, Apple Valley, Edina, St. Louse, Park, Moorhead, Mankato, Maplewood, Shakopee, Richfield, Cottage Grove, Roseville, Inver Grove Heights, Andover, Brooklyn Center, Savage, Oakdale, Fridley, Winona, Shoreview, Ramsey, Owatonna, Chanhassen, Prior Lake, White Bear Lake, Chaska, Austin, Elk River, Champlin, Faribault, Rosemount, Crystal, Farmington, Hastings, New Brighton, Golden Valley, Lino Lakes, New Hope, South St. Paul, Northfield, West St. Paul, Columbia Heights, Willmar, Forest Lake, Stillwater, Hopkinds, Albert Lea, Anoka, St. Michael, Sartell, Red Wing, Hibbing, Hame Lake, Buffalo, Otsego, Bemidji, Robbinsdale, Hugo, Hutchinson, Marshall, North Mankato, Sauk Rapids, Brainerd, New Ulm, Monticello, Fergus Falls, Vadnais Heights, Worthington, Mounds View, Rogers, Cloquet, Waconia, Alexandria, East Bethel, St. Peter, Mendota Heights, Grand Rapids, Big Lake, Little Canada, Fairmont, North Branch, Arden Hills, Hermantown, Mound, Waseca, Detroit Lakes, St. Anthony, Thief River Falls, Victoria, Little Falls, East Grand Forks, Virginia, Cambridge, Oak Grove, Lake Elmo, Mahtomedi, Orano, Baxter, Wyoming, Crookston, Shorewood, New Prague, Wait Park, St. Francis, Albertville, Minnetrista, Belle Plane, St. Joseph, Litchfield, Spring Lake Park, International Falls, Kasson, Jordan, Stewartville, Medina, Delano, Falcon Heights, Corcoran, Glencoe, Isanti, St. Paul Park, Morris, Zimmerman, Byron, Montevideo, Dayton, Redwood Falls, Lake City, Chrisholm, North Oaks, Circle Pines, Chisago City, Oak Park Heights, La Crescent, Elko New Market, Becker, Princeton, Luverne, Wayzata, Nowthen, Windom, St. James, Lindstrom, Dilworth, Rockford, Sauk Centre, Carver, Watertown, Wadena, Grant, Goodview, Pipestone, Cold Spring, Cannon Falls, Scandia, Columbus, Le Sueur, Park Rapids, Centerville, Deephaven, Lonsdale, Independence, Bayport, St. Charles, Norwood Young America, Eveleth, Melrose, St. Augusta, Two Harbors, Newport, Mora, Sleepy Eye, Ely, Zumbrota, Long Prairie, Pine Island, Annandale, Breckenridge, Hanover, Perham, Plainview, Blue Earth, Jackson, Montrose, Pine City, Benson, Rush City, Proctor, Afton, Greenfield, Montgomery, Staples, Milaca, Mountain Iron, Eagle Lake, Chatfield, Caledonia, Sandstone, Moose Lake, Osseo, Granite Falls, Cohasset, Cokato, Roseau, Dodge Center, Foley, Albany, Barnesville, Glenwood, Lake Crystal, Rockeville, Lauderdale, Pelican Rapids, Le Center, Wabasha, Paynesville, Spring Valley, Olivia, Breezy Point, Crosby, St. Bonifacius, Winsted, Excelsior, Janesville, Madelia, Wells, Gaylord, Pequot Lakes, Crosslake, Hawley, Arlington, Mountain Lake, Tracy, Maple Lake, Springfield, Aitkin, Slayton, Howard Lake, Eyota, Lexington, Nisswa, Hoyt Lakes, Coleraine, Blooming Prairie, Mayer, Waterville, lakeland, Ortonville, Kenyon, Silver Bay, Hinckley, Long Lake, Warroad, Gilbert, Maple Plain, Clearwater, Braham, Mapleton, Osakis, Rushford, Canby, Spring Park, Lester Prairie, Aurora, Ada, Lakefield, Cologne, Rock Creek, Lewiston, Warren, Tonka Bay, Babbit, Fosston, Dundas, Stacy, Avon, Madison, Oronoco, Dawson, Dassel, Richmond, Red Lake Falls, Waveryly, Bagley