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Rochester Business & Commercial Law Blog

Legal Ways to Increase Diversity in the Workplace


When it comes to hiring employees for a business, most businesses would prefer to hire the most qualified applicants regardless of their age, race, or gender; however, sometimes this isn't preferable. If businesses are at all seen as discriminatory, even if unintentionally, they could wind up in hot water. In addition, workplace diversity can bring a business a host of benefits beyond ground-level qualifications.

Charitable Trusts: Important in Estate Planning Purposes


Many families and individuals are familiar with the idea of trusts. Trusts are an important tool in estate planning purposes because they can serve as a way to reduce the value of the estate before the estate tax is calculated. This can help save the heirs a significant amount of money because the estate will owe less money in the form of an estate tax.

Understanding Basic Differences: General and Limited Partnerships


When people set up a business, it is not unusual for business owners to engage in partnerships. This helps to spread the workload, debt, and bring in expertise in different areas to maximize the opportunity for success; however, setting up a business partnership can also be complicated.

Meticulous Planning Will Aid in Avoiding Contract Disputes


In general, everyone who enters into a formal business or employment agreement will be required to sign a contract. These contracts are important because they are both legally binding and specify what each party have and have not agreed to. However, even clear and specifically drafted contracts can result in various kinds of disputes.

Avoiding Costly Family Inheritance Disputes


Many people believe that their will is enough to prevent a family inheritance dispute; however, a will can change over time, the assets can change over time, and the beneficiaries can also change over time. When this happens, family inheritance disputes can break out. This can seriously damage the important relationships between family members and leave lasting scars.

When to appeal or modify a child custody order

No matter how a court rules in a child custody decision, it is likely that at least one parent will disagree with the terms of the ruling. If you are in this situation, should you try to appeal the ruling? Are you even allowed to appeal?

In Minnesota, as in most states, child custody awards can be appealed. But doing so is not easy. If your appeal is based on an assertion that the court simply "got it wrong" and inappropriately weighed the relevant factors, the appeal is not likely to succeed.

How to Protect Life Insurance Benefits from the Estate Tax


The estate tax is a tax that is applied to people’s estates after death. In some cases, this burden could wind up compromising over 50 percent of the value of the estate. While common taxable assets that people think of include houses, cars, and investment portfolios, many people don’t realize that life insurance proceeds could also be taxed even though these are awarded only when a person dies. Without careful planning, a significant amount of life insurance benefits could wind up in the hands of the government instead of the hands of loved ones.

What are the Drug Testing Laws Regarding Employees in Minnesota?

It can be seen as routine to be compelled to take a drug test prior to starting the first day at a new job; however, everyone who is taking a drug test should know their rights. There are legal limits to the drug test that an employer can administer and these laws vary from state to state.

While the state of Minnesota does permit employers to require drug testing for new hires prior to employment at their place of work, these tests can only be administered under certain circumstances.

Partition of Real Estate

Prince died last year. He left no will. The matter is now in probate. His heirs have become owners of his assets. A judge will be asked to determine how to divide those assets. One of the items in the estate is real estate. The judge could determine one of the heirs will be the sole owner of the property or that all of the heirs will own the property together. The heirs can reach agreement on how to manage the real estate together. If, however, one or more of them demands his or her share of the value of the real estate then the court may have to partition the property. 

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