Kelm & Reuter, P.A.

Protecting parenting time when served with a Minnesota divorce

2026-08-31T17:17:27Z

If your spouse serves you with divorce papers, that does not mean you automatically lose parenting time. In Minnesota, the first steps you take can affect how the court views the children’s routine, each parent’s role and which temporary schedule may remain in place while the case moves forward.

The first response can affect parenting time early

A parent who receives divorce papers may feel pressure to move out, accept a new schedule or stop pushing for regular time with the children. If one parent quickly becomes the only parent handling school, meals, bedtimes and activities, that pattern may become harder to change later. Minnesota courts expect parents to address schedules, exchanges and parenting plans early in the proceedings, ideally before any informal arrangement becomes established. Basic parenting time rules can help frame those issues.

Temporary orders can protect contact while the case is pending

A divorce case may involve temporary requests about custody and parenting time before the final decree. That can give the court a chance to set a short-term schedule, address exchanges and reduce conflict while the case is still new. A temporary order addresses:

The children's primary residence during the week
Weekend and holiday parenting time
Transportation and exchange details
Communication between the parents
School and activity schedules

These details can matter because a clear temporary plan helps preserve regular contact and reduce arguments during the early stage of the divorce.

How courts assess parenting time in a Minnesota divorce

A parent does not protect parenting time just by objecting to the divorce. Minnesota courts weigh multiple factors when evaluating custody and parenting time, including the children’s physical and emotional needs, each parent’s history of involvement in daily care, each parent’s ability to support the child’s relationship with the other parent and the stability of each parent’s home environment. Schedules, school routines and each parent’s role in daily care shape custody and parenting time disputes. A family law attorney can present that picture clearly before a temporary schedule becomes the established baseline for the final order.

How does a contract for deed work in Minnesota real estate?

2026-08-21T07:13:42Z

A contract for deed is a way to buy property without a traditional mortgage. Instead of borrowing from a bank, the buyer makes payments directly to the seller over time. The buyer may move into the property right away, but the seller usually keeps legal title until the buyer finishes paying under the contract.

The seller finances the sale

In a contract for deed, the seller acts a little like a lender. The buyer makes monthly payments, but the deed does not transfer at the start of the deal. That is one of the biggest differences from a standard home purchase. In Minnesota, contracts for deed follow their own rules and can create risks that do not come up in a regular mortgage transaction.

What terms create the biggest risks?

A contract for deed can cause problems if the payment terms are too hard to meet or if the agreement does not clearly assign important duties. Trouble often starts when a buyer misses payments, does not understand a balloon payment or falls behind on taxes or insurance. These issues may include:

A large balloon payment due at the end
Missed tax or insurance payments
Cancellation deadlines after default
Unclear repair or maintenance duties
Title problems that appear before the buyer finishes paying

These details can determine whether the deal stays on track or falls apart after a dispute.

Careful drafting can prevent bigger problems later

Before either side signs, the contract should clearly explain payment duties, default rules and what happens if the deal breaks down. Real estate deals with seller financing often work best when both sides understand the risks from the start. A Minnesota real estate lawyer can help draft the agreement, explain the cancellation rules and determine whether the payment terms are realistic enough to keep the deal from failing later.

How implied consent affects a Minnesota DWI case

2026-08-10T08:07:25Z

A DWI traffic stop can become more stressful when an officer asks you to take a chemical test. Many drivers wonder whether they have a choice and what could happen if they refuse. Minnesota's implied consent law answers both of those questions. Understanding how the law works, what refusal means legally and how the testing process can affect your case gives you a clearer picture of what you are actually facing.

What Minnesota's implied consent means

Under Minnesota law, anyone who drives on public roads automatically agrees to take a chemical test if an officer has legal grounds to believe the person was driving while impaired. A chemical test may involve a breath, blood or urine sample, depending on the circumstances. Officers must follow legal procedures before requesting a test.

What can happen if you refuse a test?

Refusing a requested chemical test can lead to separate legal consequences from the DWI charge itself. Depending on the facts of the case, a refusal may affect your driving privileges and become part of the evidence considered during court proceedings. Factors that may influence the outcome include:

Whether the officer had legal grounds for the traffic stop
Whether the testing request followed Minnesota law
Whether the driver refused or completed the test
Whether aggravating circumstances were present

These details often shape how the case moves forward.

When testing procedures can be challenged in court

Minnesota law requires officers to follow specific procedures when requesting chemical testing. The circumstances surrounding the traffic stop, the testing request and the handling of any sample may all become important if questions arise later. Courts may review whether law enforcement followed the required process and respected the driver's legal rights. Because implied consent proceedings and DWI charges run on separate legal tracks, what happens in one can affect how the other unfolds. The implied consent law creates real legal consequences that run alongside – and sometimes independently of – a DWI charge. Knowing that refusal is treated as a criminal offense, not simply a way to avoid evidence, is one of the more important things a driver can understand before that moment arrives. If the officer's procedures during the stop or the testing process are ever called into question, those details can become just as significant as the test result itself.

What happens if you die without a will in Minnesota?

2026-08-02T07:23:30Z

A will allows you to decide who receives your property after your death and who will manage your estate. If you die without a valid will, Minnesota law determines how your assets are distributed. Although state law provides a default plan, it may not reflect your personal wishes or your family's unique needs.

Knowing what happens when someone dies without a will can help you understand why estate planning is an important step for every adult.

What does it mean to die intestate?

If you pass away without a valid will, you are considered to have died intestate. In these situations, Minnesota's intestacy laws determine who inherits your probate estate.

Some assets may avoid probate entirely. For example, property held in a trust, jointly owned assets with survivorship rights and accounts with designated beneficiaries generally transfer directly to the intended recipient.

Who inherits your estate?

Minnesota law establishes an order of inheritance based on your surviving relatives.

Depending on your family situation, your estate may pass to:

Your surviving spouse
Your children or other descendants
Your parents
Your siblings
More distant relatives

The distribution of your assets depends on several factors, including whether you have children from your current marriage, children from another relationship or no descendants at all.

Blended families often face more complicated inheritance issues, making estate planning especially valuable.

Who administers the estate?

When there is no will, the probate court appoints a personal representative to administer the estate.

That person typically handles responsibilities such as:

Identifying and valuing assets
Paying debts and taxes
Managing probate proceedings
Distributing property according to Minnesota law

Without a will, you lose the opportunity to choose who will serve in this important role.

Why create an estate plan?

A comprehensive estate plan offers more control than relying on Minnesota's intestacy laws.

Estate planning allows you to:

Decide who inherits your assets
Name a trusted personal representative
Designate guardians for minor children
Reduce the likelihood of family disputes
Coordinate beneficiary designations and trusts

Planning ahead can also make the probate process more efficient for your loved ones.

Give your family greater certainty

Dying without a will leaves important decisions in the hands of state law. An experienced Minnesota estate planning attorney can help you create a personalized plan that protects your assets, reflects your wishes and provides greater security for the people you care about most.

Formal vs. informal probate in high‑conflict estates

2026-07-21T23:37:00Z

An estate with significant conflict can trigger more complex challenges than typically expected. Families may face disagreements about asset values, distributions or even the actions of the personal representative. When conflicts and complexities arise, choosing between formal and informal probate may be necessary. Knowing how they differ can help determine which process offers the structure needed for a contested matter.

Informal probate in Minnesota

Informal probate works best when families agree on key issues. The registrar oversees the process and reviews basic filings. This path offers fewer hearings and a faster timeline. A few situations that may make informal probate difficult include:

There are disputes over who should serve as personal representative.
There are concerns about missing assets or unclear records.
There are conflicts involving beneficiary rights or inheritance expectations

Issues like these can slow progress and increase stress, often indicating the need for additional structure through formal probate.

Formal probate for contested matters

The formal probate process places the case under direct judicial supervision. A judge reviews filings, resolves disputes and issues binding orders. Formal proceedings can support estates with complex property, valuation disagreements or questions about fiduciary conduct. Formal probate may be appropriate in these situations:

Allegations of mismanagement or breach of duty
Disputes involving complex and high‑value property
Challenges to distributions or claims involving unclear heirship
Contested issues exist that require a full review and analysis

For families dealing with significant disputes, the structure and clarity that formal probate provides can be beneficial. Since high‑conflict probate cases sometimes lead to litigation, legal counsel can protect your interests and guide you through the Minnesota probate process.

Can you get a DWI for sleeping in your car?

2026-07-07T06:33:00Z

Yes, it is absolutely possible to face DWI charges under Minnesota law, even if your car was not in motion and you were simply sleeping in the vehicle. The way the law is set up, a person cannot be "in physical control" of the vehicle while impaired. This distinction is important because it does not mean that the vehicle has to be moving or that they need to be actively driving the car at the time.

2 examples from previous cases

There have been a number of cases in Minnesota that have upheld the fact that a person could still be in a position to control the vehicle, even when they were not actively driving. In one case, a person was behind the wheel with an elevated blood alcohol concentration, and they were asleep. Their keys were next to them in the center console of the car. Because they were in the driver's seat and had the keys readily at their disposal, the court determined that they were still in physical control of the vehicle. In another case, the person was actually at least 15 feet away from their vehicle when they were discovered. However, the vehicle was running with the keys in the ignition. The court found that the individual was still in physical control of the vehicle.

Your DWI defense options

It is important to understand how DWI laws work in Minnesota, as many people make problematic assumptions, such as believing that the car has to be moving or that their hands have to be on the wheel. If you do find yourself facing serious charges under these laws, you need to know what defense options you have moving forward.

3 ways commercial leases differ from residential leases

2026-06-18T23:45:28Z

Entrepreneurs and those with expanding businesses often sign leases for operating space. If they have previously rented a home, they may take for granted that the commercial lease largely mirrors a residential lease. Commercial leases tend to be far more complex than residential leases. They also have a greater variety of potential terms than the average residential lease. There are key differences that potential tenants need to review to determine if the lease suits their needs or not. What are some of the most important differences to examine when reading a commercial lease?

1. The duration of the lease

Residential rental agreements often last for a year or from month to month. Commercial leases usually last for multiple years, sometimes as long as a decade or even more.

2. Maintenance responsibility

In a residential lease scenario, the landlord typically assumes full responsibility for all maintenance and repairs. Commercial leases may sometimes allocate responsibility to landlords. However, tenants may also be accountable for maintaining and repairing facilities. There may also be supplemental charges associated with maintenance services.

3. Restrictions on use

Residential leases may include provisions preventing people from using a home for business purposes. They may restrict the frequency or number of overnight guests. Commercial leases can include far more restrictive terms, potentially locking a tenant into one specific business plan. Reviewing use clauses and other restrictive language can help business owners determine if a lease might leave them struggling to pivot if the market changes. Those who have never signed commercial leases before may need assistance reviewing lease paperwork and negotiating with a landlord, and that’s okay. Assessing the terms of a lease with a real estate attorney can help business owners and executives avoid overextending themselves.

The criteria courts use for custody decisions

2026-06-11T08:52:26Z

In some cases, couples who are getting divorced can come up with a custody arrangement and an exchange schedule on their own. They propose this to the court, which approves it, and the couple has essentially made its own custody decisions. But in other cases, a couple may not be able to find a joint solution. Maybe both people want sole custody of the children, for example, or they just disagree on how time should be split up. In these cases, the court will have to make the decision, and the main criterion it uses is focusing on the child's best interests.

How are the child's best interests defined?

To determine what will be best for the child, the court tries to gather as much information as possible. Important details include:

The child's age and gender
The parents' ages and parental roles prior to the divorce
The parents' mental and physical health
If there are multiple children in the family
Connections to the neighborhood, community or extended family members
The child's educational needs
Whether the child has special needs
The child's own preferences, if they are old enough to express them

Finally, the court will carefully consider any negative details, such as whether there is a history of excessive punishment, parental abuse, domestic violence or substance use.

Navigating a custody dispute

It can be challenging for parents when the court decides how custody of their children will be divided, or when the parents find themselves in a long-term custody dispute. It is very important for those going through this process to fully understand their legal rights.

Was that breath test even calibrated properly?

2026-05-29T02:41:03Z

One of the strongest forms of evidence that the police have in a DWI case is the results of a breath test. If an officer suspects that a driver is under the influence, they often take the driver to the station for a Breathalyzer test. This checks their blood alcohol concentration (BAC), and most drivers have a legal limit of 0.08%. That being said, do not assume that a failed breath test is ironclad proof against you and that you are guaranteed to be convicted in a DWI case. In reality, there are ways to challenge your breath test results, one of which is by looking at the calibration records.

Routine maintenance schedules

Like other pieces of technical equipment, breath tests do need to be maintained, and the police department should have a routine or a schedule for doing so. They need to calibrate the devices to ensure their accuracy. Records of this calibration should then be kept so that officers are only using devices that work as intended. If it turns out that these calibrations were not performed at the appropriate times, it could call the results of the test into question. Perhaps you had a very small amount of alcohol to drink, but a neglected breath test gave an elevated reading that showed you were over the limit. Calling those results into question takes away a major piece of evidence against you in a corresponding case. Calibration issues are just one area to consider when challenging breath test results. When you are facing charges that could result in license suspension, fines and even incarceration, it is important to know what defense options you have.

Why co-parents should revisit guardianship decisions

2026-05-19T14:19:50Z

If something happened to you tomorrow, would everyone in your child’s life agree on what comes next? Many divorced or separated parents assume custody arrangements already answer that question. They may believe the paperwork is in place and that everyone knows what would happen in a crisis. In reality, guardianship questions can create confusion when family members expect different outcomes or when legal documents no longer match your family’s current situation. If you co-parent, these decisions may deserve more attention than you think.

Custody orders do not answer every guardianship question

Many parents assume a custody agreement covers every possible situation. In most cases, custody orders deal with parenting rights only while both parents are alive and able to care for a child. If a parent dies or can no longer make decisions, other legal issues can come up that a custody order may not answer. Those issues can include:

Naming a person you would want involved in your child’s care
Addressing family expectations that may not match legal reality
Considering the rights of a surviving parent
Evaluating your child’s medical, educational or personal needs
Reviewing whether older legal documents still fit your family’s situation

These issues can become emotional very quickly, especially when parents, grandparents or other relatives expect different outcomes. Making these decisions ahead of time may help reduce confusion during a stressful time.

Family changes can make old plans outdated

A guardianship decision that made sense years ago may not fit your family today. One parent may remarry or move away, while health problems or financial trouble may affect a parent’s ability to provide care. In some families, grandparents or stepparents may also take on a bigger role as relationships and responsibilities change over time. Naming a guardian in a will does not automatically settle the issue as courts may still consider parental rights and the child’s best interests before making certain decisions. That is why co-parenting and estate planning should work together instead of staying separate.

When guardianship decisions create conflict

Guardianship questions can become more difficult when family expectations and legal documents do not line up. Disagreements may arise at a time when emotions are already running high. For divorced or separated parents, family changes can affect whether older legal documents still reflect current circumstances. Guardianship choices that once made sense may no longer fit the family’s needs, which can increase the risk of confusion or conflict later.