Amundson, Johnson & Schrader, P.A. provides legal services in numerous practice areas, from Real Estate to Elder Law and many others. Whether you have past experience working with a lawyer or are seeking legal services for the first time, we have the attorneys who can assist you. In today’s legal environment, matching your needs with the correct firm is crucial to the successful outcome of your legal matters.
REAL ESTATE LAW
Amundson, Johnson & Schrader, P.A. and AJS Title will handle your real estate transaction start to finish. From the initial purchase and sale agreement, through title evidence and title examination to closing, you can trust that your matter will be handled in a professional and timely manner.
Handling construction financing and contractor payments requires thorough coordination with your lender. Our firm routinely and efficiently handles these matters.
Foreclosure is the legal process through which a lender recovers real property that serves as collateral for a loan. Amundson, Johnson & Schrader, P.A. handles foreclosures for lenders as well as assisting borrowers through the process.
A lease is a contract to possess real property, equipment, or other chattel where another party retains ownership. Normal leases specify a term and a lease payment. However there are unique issues involved with every lease and such a document should be drafted or reviewed by an attorney prior to execution.
Zoning is a tool used by the government to control the development and use of certain parcels of land. Most cities have a Planning and Zoning Committee that establish zoning ordinances for their city. Zoning issues usually arise if you attempt to develop or use your property beyond the zoning limits established by the Committee.
A Title Examination reviews all public records affecting title to the subject real estate parcel. A Title Examiner reviews ownership, liens, judgments, bankruptcies, and taxes which may be impacting the property. It is vital that a Title Examination occurs prior to a real estate transaction.
A Quiet Title Action is a court process used to determine marketable ownership of a parcel of real estate where there is a cloud on title. This issue can arise where there are boundary line encroachments, an ownership gap in the chain of title, or past title owners who have never properly conveyed their interest.
A “closing” is the final step in the sale of real property where title is officially transferred from Seller to Buyer. Sale documents are signed in exchange for the funds to be paid. Taxes, fees, and all other costs of the real estate transactions are paid through our closing services. At Amundson, Johnson & Schrader, P.A. d/b/a AJS Title, we strive to make your closing go as smoothly as possible.
Our attorneys are licensed title insurance agents. Through AJS Title, we currently offer title insurance products through Old Republic National Title Insurance Company.
Estate Planning involves creating a mechanism for the most efficient and least costly method to pass wealth from one generation to the next. Each situation is unique, so whether the best means to achieve your estate planning goals is through a will, a trust, or through beneficiary planning and real estate transfers, our attorneys will thoroughly consider your situation and recommend a plan best suited to meet your needs.
Probate is a court proceeding through which the estate of a decedent is administered. The probate process includes naming a personal representative (executor) who is in charge of collecting a decedent’s assets, payment of liabilities and taxes, and ultimately distributing the assets as directed by the decedent’s will, or if the decedent died without a will, by direction of the statutes of the State of Minnesota.
Medical Assistance is a publically-funded health care program offered through the State government. To qualify for Medical Assistance, a person must meet certain income and asset limits set by the government. At Amundson, Johnson & Schrader, P.A., we can assist you with all aspects of Medical Assistance, including the application, liens and asset recovery, and obtaining clearance certificates.
A Guardianship is the legal appointment of a person to be responsible for the care of another person who is unable to manage their own affairs. If a minor child or your loved one is unable to make and communicate responsible personal decisions about their medical care, shelter, clothing, nutrition, and safety, a guardianship may be necessary.
A Conservatorship is the legal appointment of a person (a “Conservator”) to manage a minor’s or an incapacitated person’s (the “Ward”) financial affairs. Conservators are necessary to assist the Ward in maintaining their assets while meeting their day-to-day needs. For minors, a Conservatorship may be necessary if a minor is set to inherit valuable assets, or receive a settlement from a personal injury matter.
Minnesota Law defines a Closely Held Business as having 35 or fewer shareholders. Fewer shareholders allow owners more control over their business and fewer regulations governing their operations. A Closely Held Business will not generate the capital that a publicly-traded company will through the sale of their stock. However, fewer shareholders allow owners to have more control over the decision making of the company without worrying about meeting shareholder expectations. These are just some of the considerations Amundson, Johnson & Schrader, P.A. will help you with in planning your business.
A Limited Liability Company is a hybrid of a sole proprietorship or partnership and a corporation. A Limited Liability Company provides the members liability protection, and possible tax advantages, while remaining closely held by the members. At Amundson, Johnson & Schrader, P.A., our attorneys will create your LLC, draft your buy-sell agreement, and provide ongoing corporate representation for any needs or issues that arise.
A Partnership is an agreement by two or more co-owners to carry on a business. It is a “pass-through” business meaning the profits and losses of the business pass directly through the business to the owners personally. The Partnership agreement is important in establishing how the Partnership will operate including the share of profits and losses. Amundson, Johnson & Schrader, P.A. will help you develop a Partnership Agreement, or assist you with any other needs or issues that arise.
A corporation is a legal entity that is separate and distinct from its owners. As a legal entity, a corporation enjoys most of the rights and responsibilities an individual possesses including the right to enter into a contract, lend and borrow money, or sue and be sued. Shareholders of a corporation may take part in the profits through dividends and stock appreciation, but are not personally liable for the corporation’s debts. Corporations are also able to generate more capital through the public sale of their stock.
Adoption is the establishment of a legally recognized, lifelong relationship between the adoptive parents and the adoptee. Due to the sensitivity of an adoption between the child, biological parents, and adopting parents, Minnesota has specific Statutes that control the adoption proceedings. Whether you’re adopting a child as a second parent, grandparent, or stepparent, our office can help you through the legal process.
Divorce in Minnesota usually involves one or more of the following key issues: child custody, child support, division of property, spousal maintenance, and fees and costs. Our attorneys strive to resolve these issues at minimal cost, but are also able to become strong advocates should the situation demand it. Let our experience and expertise at Amundson, Johnson & Schrader, P.A. assist you in resolving these issues and finalizing your divorce.
A legal separation is different than a divorce, but involves many of the same key issues such as child custody and support, parenting time, and division of property. To obtain a legal separation, you must serve and file a petition in Family Court in the county where you or your spouse resides. At Amundson, Johnson & Schrader, P.A. we can help you evaluate your situation and goals and determine whether a legal separation or divorce would be your best option.
A premarital (or antenuptial) agreement is a contract between two people that are planning on getting married. Minnesota also recognizes postnuptial agreements. The agreement can cover many issues including the rights of each spouse and the division of property in the event of a divorce. However, prenuptial agreements cannot cover issues relating to child support and custody. These agreements are often utilized by individuals with significant assets that wish to keep their property separate during a marriage, or those individuals that may have been through a messy divorce and are looking to remarry. Whatever your situation, let us help create an agreement that will protect you in the future.
In Minnesota, “establishing paternity” is the establishment of a child’s “legal” father. Every child has a biological father, but not every child has a “legal” father. For instance, when a child is born to a married couple the father is automatically deemed the “legal” father. However, if the couple is unmarried, the father is not the “legal” father until paternity is established. Until paternity is established, the mother of the child has sole legal and physical custody. There are many benefits to establishing paternity for both the child and the father. Let our office help you through the process and start receiving those benefits.
Custody of children in Minnesota can refer to either “legal custody” or “physical custody”. “Legal Custody” refers to the right to make decisions about how to raise the child, including decisions pertaining to education, health care, and religious training. “Physical Custody” refers to the right to make decisions about the routine day-to-day activities of the child and where the child lives. The court looks at several factors when determining custody. At Amundson, Johnson & Schrader, P.A. we can help you through the process of establishing custody, parenting time, or petitioning the court to amend a prior court order involving the custody of your children.
Generally, if one parent is the primary custodian or a third-party has physical custody of the child, they may petition the court for child support from the other parent or parents. Child support includes basic support, medical support, and child care support. The court uses a method called “Income Shares” and the Child Support Guidelines to calculate the amount of monthly child support.
A Plaintiff is a person that sues another person or entity in a court of law. The Plaintiff may be seeking a personal injury settlement or other financial award, or may be asking that a Judge order a specific act be done. Plaintiff Representation is governed by the Minnesota Rules of Civil Procedure, Minnesota Statutes, and caselaw. The attorneys at Amundson, Johnson & Schrader, P.A. will strive for the best possible results with your legal matter.
A Defendant is a person that is being sued in a court of law. The Minnesota Rules of Civil Procedure sets forth strict rules that must be followed. Failure to do so could result in you losing your case. Contact our office in a timely manner if you have been sued.
A petty misdemeanor is not considered a crime in Minnesota. It is considered a violation in which you could be fined up to $300, but cannot be sentenced to jail for. Examples include speeding tickets or possession of a small amount of marijuana. Individuals should be aware that paying the fine is considered an admission to the crime as stated on the ticket. If you are worried about the collateral consequences you may face if you pay the fine you should contact our office to discuss your situation.
A misdemeanor is a crime in which you could be punished by up to 90 days in jail, a $1,000 fine, or both. Probation is usually limited to 1-2 years except in assault cases. Examples include a first time DWI under 0.16 or 5th Degree Assault.
A gross misdemeanor is a crime in which you could be punished by up to 1 year in jail, a $3,000 fine, or both. Probation is usually 3-6 years depending on the crime. Examples include a second DWI or Theft of property or services valued between $500 – $1,000.
A felony is a crime in which you could be punished by more than one year in jail. The amount of the fine that can be imposed can vary along with the amount of probation you could face. Examples of felonies include most drug and sex offenses.
If you were convicted of a crime, placed on probation and now face allegations that you failed to meet the conditions of your probation, you could face serving the jail time that you were originally sentenced to. At Amundson, Johnson, and Schrader, P.A. we have experience in defending probation violations and can help you fight yours.