A fiduciary is a person required to act for the benefit of another within the scope of their relationship. A fiduciary owes a certain standard of loyalty or care toward another. What are the Consequences of a Fiduciary Breaching a Duty to Another? A fiduciary that breaches his or her fiduciary duty is liable for…
Recently, I wrote about the test for determining whether a religious organization qualifies as a church, and thus, a tax exempt organization, even though the organization does not obtain 501(c)(3) status by completing Form 1023. Another important issue for churches seeking tax-exempt status as a 501(c)(3) is whether their belief system will qualify as a…
Many Minnesota homeowners are facing foreclosure during these difficult economic times. Minnesota homeowners may wonder about the foreclosure process in Minnesota and the legal consequences of a foreclosure. This is part two of a series on Minnesota foreclosures, and covers the basics of foreclosure by advertisement. Before reading this section, you might want to read…
If the bank is foreclosing on your home, you may be wondering about the process and the legal consequences of a Minnesota foreclosure. This is part three of a series on Minnesota foreclosures, explaining foreclosure by action. For an overview of Foreclosure by Advertisement and Foreclosure by Action, read the first part on Minnesota Foreclosures….
This article discusses the basics of Minnesota foreclosures. This is part one of a series on Minnesota foreclosures: Minnesota Foreclosure Law: Foreclosure Basics Minnesota Foreclosure Law: Foreclosure by Advertisement Minnesota Foreclosure Law: Foreclosure by Action Minnesota Foreclosure Law: Deficiency Judgments Minnesota Foreclosure Law: Foreclosure of a 2nd Mortgage Let’s start by explaining what a foreclosure…
If you want to start a small business, you can form a new LLC (limited liability company) in Minnesota without hiring an attorney. You will save the expense of attorney’s fees, but you also will not have the counsel of a business attorney and will have some other risks. The risks are explained at the…
As a Minnesota business attorney, I am often asked questions related to Minnesota noncompete agreements. Below I explain an overview of Minnesota noncompete law and answer common questions. Overview If you are an employee, employer, or independent contractor in Minnesota, 2023 brought a huge change in the law affecting you. The Minnesota Legislature passed a bill…