Take care of your property or it may cost you

Minn. Stat §429.101 grants the government the ability to collect unpaid special/service charges as a special assessment against the property benefited for all or any part of the cost of:

(1) snow, ice, or rubbish removal from sidewalks;

(2) weed elimination from streets or private property;

(3) removal or elimination of public health or safety hazards from private property;

(4) installation or repair of water service lines, street sprinkling or other dust treatment of streets;

(5) the trimming and care of trees and the removal of unsound trees from any street;

(6) the treatment and removal of insect infested or diseased trees on private property, the repair of sidewalks and alleys;

(7) the operation of a street lighting system;

           

(8) the operation and maintenance of a fire protection or a pedestrian skyway
             system;

(9) inspections relating to a municipal housing maintenance code violation;

(10) the recovery of disbursements for payment of utility bills and other services, even if provided by a third party, necessary to remedy violations; or

(11) the recovery of delinquent vacant building registration fees under a municipal program designed to identify and register vacant buildings.

This means, for example, if you allow weeds to grow in your lawn in violation of city code the city can specially assess your property for the cost of the removal.

Laws change. Make sure you review your Will.

Once your estate plan is completed you should review it every couple of years to make sure you are getting the maximum benefit in light of changed laws.  Further, you should also review the document when there is some major change in your life.  There are reasons to have an estate plan above the care of your children and making sure that your things are given to specific people.  One reason is to lessen the estate tax burden.  Contact me whether you are at the initial stage of estate planning or need a review of your current estate plan. 

So I've got a Will, but what if circumstances change?

A Will remains effective until it is changed or revoked.  I recommend if you have a Will that you periodically review the Will to ensure it provides for your family as planned or to address new or changed circumstances.  If your Will does not include changes in your life that occurred after the Will was created, the Will may not accurately reflect how you would want those circumstances addressed at your death.  You should consider reviewing and changing your Will when you marry or divorce, if there is a birth or death in the family, a named guardian for you children dies or is no longer available, the value or type of your property changes significantly, or you move to another state.

The Minnesota Government Shutdown

As you may know in Minnesota, the Republican led Legislature and the Democrat-Farmer-Labor Governor have not been able to agree on a 2-year budget.  The deadline is today, June 30, 2011 for an agreement to be made.  If it is not made by this deadline Minnesota is facing a government shutdown. 

According to the Business Insider, the impasse centers around how to close a $5 billion two-year budget deficit.  The Governor's position has been to increase taxes on the wealthiest 2% and the Legislature's plan has been to balance the budget entirely with cuts.  Although both sides have been meeting, no agreement appears on the horizon.  MinnPost.com takes a look at this problem and the problems facing the other states.

If I have a Will, does my family avoid probate?

Not necessarily.  Probate is a court proceeding that manages and settles your estate.  If there is property to be administered or taxes to be paid, the existence of a Will does not necessarily avoid probate nor does it increase the expense of the probate process.  A Will is basically a road map or set of instructions for the court.  However, if all of your property is held jointly or in trust probate may not be necessary after your death.  Probate is not necessarily a process to avoid. 

Don't be surprised by a Homeowner's Association

Did you know that if you fail to pay a homeowner’s association (“HOA”) monthly dues the amount owing becomes a lien on your property.  As a lien, the HOA has the right to foreclose in the same manner as a mortgage.  The HOA does not need court approval to start the foreclosure. The HOA lien is superior to all other liens except:

1.         any document recorded against the property before the HOA declaration was recorded (this is the document creating the HOA);

2.         liens for real estate taxes; and

3.         a recorded first mortgage. 

So, if you fail to pay even 1 month of dues the HOA has the right to commence a foreclosure be serving papers and proceeding to a sheriff’s sale.  Also, similar to a mortgage, the unit owner is personally liable to the HOA for payment of the dues.  This means the HOA can also bring a court action for recovery of the money - they can sue you.  The HOA can choose to foreclose, bring a lawsuit or both.  Also, just because the HOA picks only one method of recovery does not mean it is barred from pursuing the other method at a later date. 

Only Good Things Happen When Parties Agree

In Minnesota only about 2 percent of all cases filed proceed to trial.  The remainder are settled between the parties, by default judgment or adjudicated by the court prior to trial.  From my experience, the best resolution is when the parties come to an agreement.  Although one may not be overly happy with a settlement agreement, it takes away the uncertainty of a decision being made by a jury or judge.  When a lawsuit is initiated an early mediation can help bring the parties to an agreement to settle the matter.