services – Kelly Law Offices

Wills

brandon — Thu, 03 Nov 2016 03:23:36 +0000

A Will allows you to nominate an Executor and direct distribution of personal and real property and other investments to a spouse, children, heirs, and select charities. A Simple Will is often sufficient, but it must be properly prepared and executed if it is to have effect. In today’s internet age electronic data base accounts need to be specifically addressed. A simple Will should be supported by a Power of Attorney and Healthcare Directive. Those with minor children should consider adding a Contingent Trust provision.

A Contingent Trust comes to life in the event minor children or even college-age children are orphaned. They provide professional money management and conditional access to an inheritance. A Will should be supported by a Power of Attorney and a Healthcare Directive. If your net worth at death will likely be greater than a 1.3 million dollars, your estate plan should consider estate tax avoidance planning. The advice of a CPA may be needed. Mr. Kelly can guide you through the estate planning process, in a manner that is efficient and prepare the documents you need at a reasonable cost. Please call for an appointment.

Contact Kelly Law: 952-474-5977

Trusts

brandon — Wed, 02 Nov 2016 03:27:28 +0000

A Trust is a present financial management tool that will also speak for you after death. As such it can serve to avoid the need for probate proceedings. It can unburden you of the need to personally manage your financial affairs and give you the confidence of present financial management through a trustee, perhaps a bank, and set forth your instructions for distribution of your estate after death. A Trust is a valuable tool if you have wealth in need of professional management, anticipate future need of professional assistance in the management of your personal affairs or properties, desire to avoid a probate proceeding, or wish your estate and financial affairs kept from public view. Typically, a Revocable Trust is employed. It allows you to modify or cancel the Trust if desired. Irrevocable Trusts are used to manage gifts to heirs.

Trusts can also be used to manage a family lake cabin, a child’s inheritance, and special needs of children with disabilities. Mr. Kelly can answer your trust questions and educate you on the benefits and process of trust creation and management.

A Special Needs Trust can be established by a parent for a child burdened by disabilities. It cannot, however, be established by the child themselves and certainly not by them after they have received an inheritance. A Special Needs Trust provides an income stream that supplements government support benefits available to a disabled person without the whole trust corpus needing to spent or paid to the government. A family with a member who has disabilities should discuss the inclusion of Special Need Trust provisions in their Estate Plan.

Contact Kelly Law: 952-474-5977

Business Sales

brandon — Tue, 01 Nov 2016 03:37:25 +0000

Selling or buying a business is a complex detailed process that requires a carefully considered and drafted Purchase Agreement with financial disclosures, warranties, supporting documentation, and non-compete agreements.

Mark W. Kelly has handled business sales and purchases for clients to their full satisfaction for the past 30 years. He can represent your business in the negotiation, documentation, and purchase agreement process.

Contact Kelly Law: 952-474-5977

LLC’s, S-Corp, and Business Start-Up

brandon — Tue, 01 Nov 2016 03:36:25 +0000

Starting a business? It is wise to establish a Limited Liability Company, or a Subchapter “S” Corporation to manage your business affairs. These serve to define your business risk and can shelter you from personal claims.

Mark W. Kelly can create a company for you and provide the Articles of Organization, Bylaws, Minutes of Action, and Member Control Agreements in a customized form, meeting your needs. Mr. Kelly can also assist in company management and shareholder sales and transfers of ownership.

Contact Kelly Law: 952-474-5977

Real Estate

brandon — Tue, 01 Nov 2016 03:34:46 +0000

Real Estate Sales – For over 30 years Mark W. Kelly has aided people in buying and selling property. He can prepare the needed purchase agreements and supporting addenda you need to sell your home.

Contracts for Deed – Properties can be sold between parties, privately, without a mortgage, by use of a Contract for Deed. Mr. Kelly can customize a contract for deed to your specific needs. If your contract buyer is failing to pay, cancellation of the contract may become necessary. Mark W. Kelly welcomes the opportunity to work with you on these matters.

Boundary Line Disputes and Title Issues. With Mark W. Kelly’s 30 years of experience, he has aided clients to resolve boundary line, marketable title, encroachments, clouds on a title, and real estate matters of all kinds. Mr. Kelly welcomes the opportunity to advise you on your real estate questions and disputes.

Contact Kelly Law: 952-474-5977

Zoning and Municipal Law

brandon — Tue, 01 Nov 2016 03:33:40 +0000

Mark W. Kelly has served as a City Attorney for over 30 years and attended hundreds of city council meetings. He has extensive experience in zoning matters and municipal law. If you have land development plans likely in need of a conditional use permit or variance,

Mr. Kelly can advise you and prepare the request, work with city officials, and make presentations before the planning commissions and city councils for a favorable outcome.

Zoning Code Infractions – If you receive a demand to comply with a city zoning code, you need legal advice and representation. You can be charged with a misdemeanor.

Mr. Kelly has favorably resolved zoning cases and issues related to permitted uses, conditional use permits, or variances for many property owners.

Contact Kelly Law: 952-474-5977

DWI

brandon — Tue, 01 Nov 2016 03:32:24 +0000

If a police officer ever asks you to submit to a Blood Alcohol Test, say YES. If you refuse, it is a crime, you will be prosecuted – an easy conviction, and you will lose your driver’s license for a year. A DWI will cause you to lose your driving privileges, force you to answer a criminal charge, require that you pay a fine, and you may serve jail time.

A first time DWI is a misdemeanor that will stay on your record indefinitely. A second DWI in ten years is a Gross Misdemeanor. If there are more you may lose your car, and the mandatory amount of jail time grows. A fourth offense is a felony.

If you get a DWI you need a lawyer to minimize the impact. A lawyer can also determine whether the police stop should be challenged. That must be done promptly or the legality of the stop is waived. If you have been arrested for DWI, get a lawyer to represent you ASAP.

Contact Kelly Law: 952-474-5977

Tickets, Misdemeanors, and Gross Misdemeanor Defense

brandon — Tue, 01 Nov 2016 03:30:47 +0000

Everybody can get a ticket. Tickets add up and, in the internet age, never ‘go away’. Mark W. Kelly served as a Prosecuting Attorney for 25 years. He knows the process and has resolved hundreds of tickets, Misdemeanors and Gross Misdemeanor citations to the satisfaction of his clients. He can advise you on the options your case presents, the likely outcomes, and represent you in court. Please contact Mark W. Kelly for legal representation on your traffic ticket, misdemeanor and gross misdemeanor traffic citations to minimize tickets, and if possible, keep your record clean.

Contact Kelly Law: 952-474-5977

Living Will

brandon — Tue, 01 Nov 2016 03:28:59 +0000

A Healthcare Directive, sometimes referred to as a Living Will, authorizes another to instruct your doctor when, in the doctor’s opinion, you are no longer to consult on your care. You may use a Healthcare Directive to also make hospice care instructions, but that is the true role of a Living Will.

Of value to many is exercising an election to authorize a family member to make present medical decisions for you independent of mental competency. This requires a positive affirmative election and notice in your Directive. The Healthcare Directive document may also address cremation, organ donation, and burial.

Mark Kelly has assisted hundreds of clients on these matters and welcomes the opportunity to assist you.

A Living Will, first developed over 20 years ago, has evolved into a set of hospice care instructions. Such instructions can be included in a Healthcare Directive if you desire. Persons facing end of life will often consult with a hospice care nurse. Those discussions will often result in a set of hospice instructions, or Living Will.

Medical Assistance – The law expects people to pay for their own medical care unless they are indigent. When that occurs, the county Medical Assistance (MA) program will step in. The obligation to pay for medical care imposes a five-year look back to recapture gifts made prior to the date of the MA application. You cannot give away your money to your children and still qualify for Medical Assistance, if you did so less than 5 years ago.

Contact Kelly Law: 952-474-5977

Estate Planning

brandon — Tue, 01 Nov 2016 03:22:03 +0000

Everybody should have an Estate Plan. An Estate Plan follows from discussion of the client’s needs and expectations in the management of their affairs, both presently, and after death. Each person’s situation is unique. Your personal needs will dictate whether your Estate Plan will include a Last Will and Testament, a Revocable Living Trust, an Irrevocable Trust for family members, a Special Needs Trust for family members with disability, and/or Contingent Trusts for children or grandchildren. In most cases, Powers of Attorney and Healthcare Directives are also appropriate.

Contact Kelly Law: 952-474-5977