In part two of Smith Jadin Johnson’s series on probate, this post discusses the scenarios when drafting a will as a client’s main estate planning device, and subsequently probating the will, makes the most sense.
For many people, when they hear the word “probate” it conjures up something to be avoided like the plague. Most of that stems from misunderstanding the process and procedure. This is the first of a three part series in which Smith Jadin Johnson explains when probate is appropriate for clients and when it should be avoided.
Smith Jadin Johnson, PLLC recently won a decision in the Federal District of Minnesota compelling a reluctant insurer to participate in an appraisal of a disputed insurance claim. After the insured demanded an appraisal, the insurer commenced litigation seeking to avoid coverage for the claimed loss and refused to participate in appraisal.
2020 has been a bit of a roller coaster, to say the least. Governor Polis and the Colorado legislature have certainly had their hands full dealing with the pandemic, but nonetheless, they found time to protect policyholders in Colorado by preventing Insurance Carriers from engaging in revisionist history and asserting the failure to cooperate provision as a basis to avoid paying benefits owed under an insurance policy.
As election day rapidly approaches, it is important for homeowner and community associations (HOAs) throughout Minnesota to fully understand their rights and obligations relating to campaigning and campaign materials. While limitations on exterior signs, flags, and other decoration is extremely common at homeowners associations generally, there are laws relating to campaign season that Boards and property managers should be aware…
On June 29, 2020, Governor Polis signed Senate Bill 20-211 into effect. Considering the devastation of COVID-19, Senate Bill 20-211 places a temporary prohibition on extraordinary collectionsactions. This includes “an action in the nature of an attachment, garnishment, levy, or execution to collect or enforce a judgment or debt.” SB 20-211 outlines requirements that a creditor must follow if it…
When entering into a construction contract it is important that a property owner take measures to protect themselves from possible issues that may arise. The most common disputes between property owners and contractors stem from miscommunication. It may have to do with the scope of work performed, the cost of the project, or the amount of time for completion. Below…
At Smith Jadin Johnson, we represent a wide variety of businesses. In doing so, our firm often discovers that clients have key employees that are aware of the business’s confidential information and yet no protections are in place for preserving that information. This creates the risk that a key employee may leave the business and take the business’s confidential information…
The Minnesota Supreme Court recently reconsidered the application of Minnesota’s “bad faith” insurance statute. At issue was whether an insurance company has denied a claim in bad faith if it has any conceivable basis to deny the claim at all, or whether a denial must be consistent with what a reasonable insurance company would do with similar facts. SJJ attorneys…
It is a common misunderstanding that at a homeowner association, Directors are the same as Officers. While often these rolls are filled by the same people, this is not always the case and the differences and distinctions can be important. The Association’s Board of Directors (the “Board”) is tasked with managing the day-to-day operation of an association. The Board is…
