Kelm & Reuter, P.A.Kelm & Reuter, P.A. | St. Cloud Estate Planning Attorneys2026-07-21T23:37:00Zhttps://www.kelmreuter.com/feed/atom/WordPressOn Behalf of Kelm & Reuter, P.A.<![CDATA[Formal vs. informal probate in high‑conflict estates]]>https://www.kelmreuter.com/?p=478462026-07-21T23:37:00Z2026-07-21T23:37:00ZAn 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.]]>On Behalf of Kelm & Reuter, P.A.<![CDATA[Can you get a DWI for sleeping in your car?]]>https://www.kelmreuter.com/?p=478452026-07-07T06:33:00Z2026-07-07T06:33:00ZYes, 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.
]]>On Behalf of Kelm & Reuter, P.A.<![CDATA[3 ways commercial leases differ from residential leases]]>https://www.kelmreuter.com/?p=478442026-06-18T23:45:28Z2026-06-18T23:45:28Z1. 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.]]>On Behalf of Kelm & Reuter, P.A.<![CDATA[The criteria courts use for custody decisions]]>https://www.kelmreuter.com/?p=478422026-06-11T08:52:26Z2026-06-11T08:52:26ZIn 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.
]]>On Behalf of Kelm & Reuter, P.A.<![CDATA[Was that breath test even calibrated properly?]]>https://www.kelmreuter.com/?p=478412026-05-29T02:41:03Z2026-05-29T02:41:03ZOne 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.]]>On Behalf of Kelm & Reuter, P.A.<![CDATA[Why co-parents should revisit guardianship decisions]]>https://www.kelmreuter.com/?p=478392026-05-19T14:19:50Z2026-05-19T14:19:50ZCustody 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.
]]>On Behalf of Kelm & Reuter, P.A.<![CDATA[Tips for handling disagreements with your co-parent]]>https://www.kelmreuter.com/?p=478372026-05-15T02:12:19Z2026-05-15T02:07:39ZCo-parenting disagreements can include a variety of topics, such as school choices, schedules, discipline, medical care, travel, activities and communication. It’s important to consider how important the matter is before you decide if it’s worth the battle. Here are some strategies that can help.
Keep your children at the center
Clear communication should remain focused on the children. Venturing into other areas, such as what ended your relationship, will almost certainly lead to disagreements. If the conversation starts to veer away from the children, take a pause to bring it back or end it completely.
Commit to remaining calm
It’s important to remain calm when you’re dealing with your ex, but this might not be easy. They may try to get you upset by saying or doing things they know will upset you. Instead of letting them see you react, remain calm and focused. It might be best to take a step back to let things settle and then discuss the matter later.
Communicate directly
Having the children pass messages between you and your ex can lead to misunderstandings. Instead, communicate directly with each other so the messages are clear and the chance of misunderstanding what’s going on is minimal.
Communication provisions should be included in the parenting plan. This helps ensure that both parents know what’s expected. Since the parenting plan is a highly customized document, it’s important to have experienced legal guidance with the parenting plan as well as all child-related matters.]]>On Behalf of Kelm & Reuter, P.A.<![CDATA[Which external factors can affect Minnesota field sobriety tests?]]>https://www.kelmreuter.com/?p=478352026-04-30T10:42:23Z2026-04-30T10:42:23ZEnvironmental and weather conditions
The location where officers administer these tests matters significantly, and roadside conditions are rarely ideal for accurate assessment. If the ground is uneven or unstable, you might struggle to keep your balance. National Highway Traffic Safety Administration (NHTSA) guidelines generally recommend dry, hard, level and non-slippery surfaces to ensure your safety and the test’s reliability.
Poor lighting during nighttime stops can potentially affect your ability to follow visual cues or maintain focus. Minnesota's weather may also create challenging conditions for field sobriety tests. Rain, snow and harsh wind could make balance-based tests extremely difficult, even if you are sober.
Physical and medical limitations
Your physical condition might affect test performance. For example, inner ear problems, physical injuries or vertigo may impair your balance regardless of sobriety. In some cases, taking part in field sobriety tests could make your condition flare up. Not only can this be painful, but it may also become more difficult to concentrate.
Psychological and situational stress
Anxiety and nervousness are natural responses to police encounters. These emotions can interfere with your coordination and concentration. Fatigue from a long day at work might also slow your reaction time or ability to think.
Similarly, distractions from passing traffic or the pressure of performing under observation may all contribute to poor test results that have nothing to do with impairment.
Protecting your interests in a traffic stop
In Minnesota, field sobriety tests are not foolproof. It might help to document any relevant physical conditions or roadside conditions in case you need to defend yourself in court. Being aware of the external factors that can affect your results could help you protect yourself from a wrongful charge.]]>On Behalf of Kelm & Reuter, P.A.<![CDATA[Who gets to pick the school in Minnesota custody cases?]]>https://www.kelmreuter.com/?p=478332026-04-21T13:14:58Z2026-04-21T13:03:46ZHow do legal custody rules affect school choice?
In Minnesota, legal custody determines who makes major decisions about your child's upbringing. These decisions include education, healthcare and religious training.
The court can award either joint legal custody or sole legal custody. When you have joint legal custody, you and your co-parent must work together to choose a school. However, with sole legal custody, one parent may decide without the other parent’s approval.
When can the court override a parent's school choice?
Minnesota courts may set aside a parent’s school choice when it does not serve the child’s best interests. This typically comes up when a school change could disrupt the child’s education or emotional well-being. Relocation is a common trigger for these disputes.
Under Minnesota law, a parent who moves to a new district does not automatically gain the right to enroll the child in a different school. To reduce conflict, Minnesota parenting plans may now include “Educational Choice” terms. These provisions may identify a school or district in advance, helping prevent repeated disputes when circumstances change.
What factors do courts consider when deciding for the child?
If the court must choose the school, it does not rely on school rankings alone. Instead, it evaluates:
The child’s existing relationships at the current school, including friends and teachers
The distance of the school and how it affects parenting time and transportation
Availability of services like IEP support, language programs or extracurricular options
The child’s preference, depending on their age and maturity
The court weighs these factors together to determine what arrangement supports the child’s overall well-being and educational stability.
Safeguarding your child’s education
School choice decisions during divorce can feel overwhelming, but understanding Minnesota custody laws gives you a clearer path forward. It may be beneficial to have a knowledgeable advocate who can help ensure that your child's future remains protected throughout the custody process.]]>On Behalf of Kelm & Reuter, P.A.<![CDATA[What Minnesota buyers should know about title searches]]>https://www.kelmreuter.com/?p=478272026-04-07T05:50:49Z2026-04-07T05:50:49ZYou found a home you love, the seller accepted your offer and now the closing process begins. Before the keys change hands, one step can decide whether the deal moves forward: the title search. If a problem appears in the property’s history, such as an unpaid lien, a missing document or an unknown easement, it can delay or derail the purchase. Knowing what a title search covers helps you move forward with confidence.
What a title search looks for
A title search reviews public records tied to a property. It traces ownership and looks for issues that could affect your rights as the new owner. Common problems include:
Unpaid property taxes
Outstanding mortgages that were never released
Mechanic’s liens from unpaid contractors
Easements that give others access to part of the land
Court judgments against a current or prior owner
Any of these can complicate a real estate closing if you do not resolve them in time. Even older problems can follow a property, which is why the search often goes back through several owners.
How Minnesota's two title systems work
The way the county records ownership affects how the search works. Minnesota uses two systems:
Abstract System: Relies on a record of all documents tied to the property.
Torrens system: Uses a certificate of title that combines ownership into one document.
The system depends on how the property was first registered. Abstract properties require a deeper review of past records, which can take more time. Torrens properties offer a simpler process, but you still need to check the certificate for liens or easements.
Why title insurance protects your investment
Even a careful title search may miss some problems. A forged deed, an unknown heir or a recording error can surface after closing. Title insurance protects you if a covered issue appears later. Most lenders require a lender’s policy. An owner’s policy is optional but protects your equity. Since your home may be your largest asset, this added protection is worth considering.
What to do when a title problem surfaces
When a title search finds a problem, the parties must resolve it before closing can move forward. Fixing the issue may involve clearing a lien, securing a missing document or resolving a boundary dispute. The sooner you understand the issue, the faster you can fix it. Asking questions early and reviewing the title report carefully can help you avoid delays and last-minute surprises.]]>