Family Law

• Guardianship
  A. A petition is submitted to the court requesting that the petitioner, or another person, be appointed as conservator or guardian. The person who would become the protected person must be given notice of the proceeding and has the right to be represented by an attorney. The person filing the case must show clear and convincing evidence that a guardianship or conservatorship is needed.

Trusts and Estates

• Estate Planning
  Minnesota Super Lawyers, an honor awarded to the best lawyers in Minnesota as chosen by their peers. Jeffrey Schmidt was also listed among the top 40 estate planning/probate lawyers.
• Wills
  COVID-19 Update: At Schmitz, Schmidt & Anderson we are always concerned about the health and safety of our clients and staff.  We take special care because many of our clients are more vulnerable to illness like the COVID-19 virus.  We are open for business providing our services remotely by hosting telephone or video conferences and exchanging information by email, fax and mail. Documents are being signed and acknowledged at a distance.  No matter how we communicate, you will get the advice, documents and information you need.  Please contact us with any questions or concerns you have about how we can work together during this difficult time.
• Trusts
  A. A Trust is a separate legal entity which is created with a written agreement between the grantor (the personal creating the Trust) and the Trustee (the person who will manage the Trust). Assets from the grantor’s estate are transferred into the ownership of the Trust and the Trustee is charged with prudently investing and distributing those assets according to the terms of the Trust Agreement. The Trust Agreement will commonly have provisions for management during the grantor’s life, during his or her incapacity and following his or her death. The most commonly cited reason for selecting a Revocable Living Trust over a Will is avoidance of a probate.
• Power of Attorney
  A. Yes. A “Durable Power of Attorney” is one that remains valid even if you become incompetent or incapacitated. An ordinary (non-durable) Power of Attorney expires if a person becomes unable to make his or her own decisions. “Durable” Powers of Attorney can be prepared either to take effect immediately or to go into effect only if you become unable to make decisions for yourself (“springing”).
• Probate