Rise From The Ashes Podcast: Recent Episodes

Rise From The Ashes Podcast

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In our ever-changing world, it is important that everyone be recognized as a person in their own right and particularly within the practice of family law. This podcast episode looks at cultural and legal competency as necessary elements to proper and more effective ways to represent people within the LGBTQ+ community. In it Attorney, Christine Jordan outlines some of the best ways for attorneys and law firms to address the basics of educating, understanding, representing and advocating cross culturally for these clients.

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We are arriving at those times of the year when parents need to start thinking about appropriate choices of schools for their children. That can become even more of a challenge when a family is going through a divorce or custody issues. In this podcast episode, Attorney Amy Rotering not only discusses mediation as a good way to resolve any potential issues or conflicts, but also gives three of her top tips for helping parents to navigate making better school choices in earlier stages to avoid any pitfalls and hopefully make for smoother sailing through the process.

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Certain laws in the state of Minnesota are due to be changed as January 2023.  These specific laws have to do with an adjustment in the amount some parents will be obligated to pay.  In this podcast episode, attorney Susan Mundahl, explains some of these changes as well as directing listeners to the online resources for calculating the child support specifically to a family’s current situation.

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The working title for this episode was formerly, “It doesn’t mean that you can’t (make an estate plan) just because you didn’t say, ‘I do!”  Obviously very long for a title, but the point to be made is for parents of minor children, that there is a definite distinction between married people who are developing a plan for their estate, and single parents who may have never gotten married.  The information offered here by attorney, Amy Rotering, defines some elements of the will that may necessitate a couple of other documents that specifically concern their children.

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There arrives a time when a person, or a couple, begins to think about what should be done with their property and assets at the end of their life. The question then often arises; What type of Estate Plan should be chosen, a Will or a Trust? In this podcast episode, experienced estate planning attorney, Amy Rotering, discusses the features and some of the drawbacks of each of these varied types of estate plans.

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For those couples who for reasons of their own have decided not to get married, but still want to acquire things during their time together. Just as in the dissolution of many marriages when people can decide to go their separate ways, and they would later like to divide some of these things in the fairest way possible. This podcast episode, guided by attorney Susan Mundahl, looks at the statute that clears up any confusion having to do with what was formerly known as “Palimony,” as she gives helpful instructions on how to safeguard the ownership of such property so that fewer conflicts may occur.

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When people think of divorce, many people think of divorce trials settled before a judge, but in reality, the vast majority of divorces are settled using mediation. Divorce mediation is the best way way to avoid the time, costs and turmoil of going to trial. In this podcast episode, attorney Amy Rotering, highlights the benefits of having a lawyer with you at mediation. It can assure that the agreements made are done correctly the first time to prevent ending up at trial and having a judge make decisions for your family. For more information, check out these blogs:  Divorce Mediation Tips for Success Is Divorce Mediation the Best Option? Should You Go to Mediation With or Without Your Attorney?

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It might seem morbid to plan for your death before the time comes, but planning for the inevitable can save your loved ones a lot of time, energy, and pain while they are grieving. The truth is this: nearly everyone has something to gain from thoughtful end-of-life, long-term care, or incapacity planning. With a durable power of attorney and an advance health care directive in place, for example, you can spare your loved ones a huge amount of trouble and heartache even if you have little to pass on to beneficiaries. In this podcast, Attorney Alma Miklasevics discusses what's involved in setting up an estate plan. For more information, check out these blogs: Why Do I Need an Estate Plan? Strife After Death: Why You Need an Estate Plan Why You Should Update Your Estate Plan After Divorce

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In Minnesota, over 80% of divorces are now done without an Attorney. This is due to rising inflation and the shift from an attorney being a necessity to that of a luxury. That along with generational shifts of values and how folks want to proceed with their divorce (more couples are choosing to part amicably), and of course, the rise of google university available to everyone. However, with over 33 years of Family Law and Divorce experience, Attorney Susan Mundahl, has seen so many people come into the office deeply unhappy with the divorce decrees that they agreed to during their self-represented divorce. So Mundahl Law has created and launched the Do-It-Yourself Divorce workshop. It is aimed at helping couples who want to part amicably and want to side-step all the extra legal fees but want some clearer instructions on how to walk away with a divorce they can live with. In this episode, Susan describes the 4 modules of the workshop and what they cover. For more information visit: https://mundahl-law.teachable.com/p/do-it-yourself-divorce

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It’s not unusual for there to be somewhat of a perceived mystery around the legal process of probate.  Not only does this time represent a period of mourning for the family members of a deceased loved one, but now some of those same family members will have to sort out that loved one’s estate.  That means, they may need to be involved in a court procedure called probate.  In this podcast episode, Associate Attorney – Amy Rotering, will unveil some of the shrouded information around three of the main mysteries of the probate process.  And why the assistance of a qualified probate attorney, can assist a family to prevent lost time and to save frustration as well as the finances of the estate.

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It can be somewhat intimidating when a person or a family, being very unfamiliar with the operation of law firm, as they may need to move ahead with a legal case.  This is a group podcast recorded in the interest of introducing the staff at Mundahl Law and to describe the functions and objectives of each staff person involved in the family law process.  Listening to the various roles they play in carefully addressing their clients needs and concerns will hopefully help in understanding their approach for assisting families in making some positive steps forward.

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Holidays can often become a stressful time for families, especially if someone’s family is going through separation or divorce.  With over 30 years of working with families of various structures, Susan Mundahl discusses some very effective ways to go about pre-planning for any of the upcoming holidays.  As she explains, with enough foresight and thoughtful preparation to consider both sides of the newly forming family structures, the holidays can be a lot more enjoyable and fun, especially for the children and everyone involved in your most special celebrations.

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A Do-it-Yourself Divorce can sometimes be a viable option for a couple to dissolve their former partnership.  However there are some cautions, particularly when it comes to properly dividing property.  In this podcast episode, Associate Attorney, Alma Miklasevics, looks specifically at a case where a couple did not appropriately list their retirement assets and the trouble that made for them.  Alma also looks at some of the things To-Do in order to get it right!

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Spousal support used to be a common part of divorces that was originally intended to protect and provide for spouses who had forgone developing their own career to stay at home and care for the family and household. As we have culturally shifted more towards double income partnerships, spousal support has become less common. However, many Baby Boomers have spousal support arrangements that, as they enter retirement, now need to be reevaluated. In this episode of the podcast, family law attorneys discuss how and when to end spousal support.

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Divorce is one of the hardest life events a person can live through. It is the death of a relationship, a home, a future, and many dreams. Self-Care is a popular topic nowadays but it is truly necessary during a divorce. After years of helping folks through divorce, attorneys Susan Mundahl and Alma Miklasevics, share what they have found to be the essential and recommended ways to support yourself and your family through your divorce. For more information, check out our blogs: GETTING THROUGH DIVORCE: WHEN IT FEELS WORST, IT’S ABOUT TO GET BETTER WHY DIVORCE HITS MEN HARD (AND WHAT TO DO ABOUT IT) HOW TO HANDLE DIVORCING A NARCISSIST WHAT TO DO AFTER YOUR DIVORCE IS FINAL

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This episode of the podcast discusses MN Statute 518.17, which addresses that each parent is recognized by Minnesota law to be presumed as fit to parent their children. Being an "unfit parent" in unfortunately a common accusation during divorces or custody disputes and attorney, Susan Mundahl, dispels many of these notions by discussing just exactly what the courts consider to be a truly unfit parent. For more information, check out our blogs: WHAT IS AN “UNFIT PARENT?” HOW TO HANDLE DIVORCING A NARCISSIST WHAT IS CHILD MALTREATMENT?

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Folks who are living in an “Empty Nest,” are in a somewhat unique situation in regard to their estate, now that their adult children have moved away from their family’s home.  In this podcast episode, family and estate law attorney, Amy Rotering, goes over a number of the considerations to be made when making an estate plan under the circumstances of an empty nest.  She also describes a free online program called “The ABCs of Estate Planning,” for those who would like to take advantage of a more complete overview of this process.

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As every parent knows, life happens, your children grow, and their needs and schedules change. Making changes to the legal specifics of a Custody or Parenting Time order can sometimes be necessary, despite the hassle. In this podcast episode attorney, Susan Mundahl, clearly explains the differences and the Minnesota statutes that accompany both.  She also makes some very sound suggestions for families in making better adjustments for the best interest of their children. For more information, check out our blogs: HOW CAN I MODIFY CHILD CUSTODY? CAN YOUR PARENTING PLAN BE TOO DETAILED? PARENTING TIME AND YOUR TEEN'S DEVELOPMENTAL NEEDS IS YOUR PARENTING SCHEDULE HURTING YOUR CHILD'S SOCIAL DEVELOPMENT? “CHILDREN ARE NOT BACKPACKS:” WHOSE NEEDS DOES YOUR PARENTING SCHEDULE SERVE? HOW MAJOR LIFE CHANGES AFFECT YOUR CHILD, AND YOUR CUSTODY HOW SINGLE DADS CAN GET MORE TIME WITH THEIR KIDS (AND MAKE THE MOST OF IT) WHAT HAPPENS WHEN ONE PARENT MOVES OUT OF STATE?

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There are a number of very good reasons that each partner of a same sex couple should make sure that their relationship to their child is assured, legally.  In this episode of the podcast, Attorney, Alma Miklasevics, outlines a number of the main ones as well as providing a brief overview of how the adoption process works.

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In the state of Minnesota, there are differing types of personal restraining orders that address three specific areas of the law that can help to protect certain victims from; bodily harm, harassment and general contact from a criminal offender.  In this episode of the podcast, Susan Mundahl explains the distinction between these enforcement tools and specifically how each one can be utilized.

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What happens when your family member passes and you are left to handle their estate? There is so much to take care of, it can feel overwhelming. In this podcast, Estate and Probate Attorney Amy Rotering shares the first 5 most important steps to take when handling an estate. For more information check out our blogs: Understanding the Probate Process in Minnesota Why Do I Need an Estate Plan? Strife After Death: Why You Need an Estate Plan

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Being a grandparent is a special and important role in a child's life. It can be tragic when circumstances prevent grandparents from being in their grandchildren's lives. Fortunately, there are legal precedents often recognized by courts for grandparent rights to be a part of their grandchildren's lives.  In this podcast we discuss laws that can protect ongoing grandparent visitation rights.

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As any parent of teenagers can tell you, parenting children in their teens is very different than parenting younger children. Custody and parenting time rules and schedules can also change as children become teenagers. In this podcast episode, attorney Susan Mundahl gives us a closer look at some parameters for changing custody and parenting time of teenagers.  She also gives examples of common situations and their statutory requirements for making any modifications depending on the child’s and their family’s circumstances.

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Establishing a trust can be an integral part of an estate plan.  In this podcast episode, estate planning attorney Amy Rotering gives us a basic look at the main types of trusts that are available, and how they may be used to avoid a lengthy (and costly) visit to probate court.

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One of the first things that comes to mind around the topic of divorce is, who gets to keep what? Most of the things that couples accumulate during their marriage are considered marital property, and thus, are subject to "fair and equitable" division during divorce. Deciding who gets to keep what can be a difficult process and often, couples cannot agree on their own how to divide their property alone. Arbitration is a form of Alternative Dispute Resolution, which is a way to resolve disputes outside of court. Arbitration is a much more cost effective option than going to court, which can cost many thousands of dollars. In this episode of the podcast Susan discusses the benefits of using an arbitrator to help divide personal property.

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For better or worse, retirement accounts are large personal assets and usually fall into the division of marital property during a  divorce. Deciding who gets what and how to split them involves some specific areas of martial property division law. In this podcast episode, Susan and her associate Alma, discuss the basics of dividing retirement accounts, including what documents and procedures are required to finalize the agreements made in divorce decree. For more information about this, check out our blogs: Retirement Accounts in Divorce: Asset or Income? What is the Process for Getting a QDRO? What is Non-Marital Property in Minnesota? What is "Fair and Equitable" in Personal Property Division?

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The worldwide COVID-19 pandemic has presented many new challenges to everyone, and to parents most of all. To those navigating co-parenting situations with multiple homes, effective planning and cooperation have become even more necessary. In this podcast episode, Susan and her associate discuss a few key ways parents can effectively communicate with each other, in order to provide additional safety and care for their children while navigating the current health crisis.  They also discuss how mediation can be a useful tool for divorced or divorcing parents who find it difficult to communicate directly with one another. For more informati0n, check out our blogs: Advantages of Using Our Family Wizard for Co-Parenting Communication Is Divorce Mediation the Best Option? Dealing with a Crying Child at Parenting Time Transition

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The COVID-19 pandemic has changed the world for everyone, and arguably parents with children at home have been hit the hardest. Attempting to co-parent between multiple homes during this time has provided an added layer of challenges. In this episode Susan discusses strategies for handling parenting-time during the pandemic and the importance of putting the needs of children first and foremost. For more information, check out these Mundahl Law blogs: COVID-19 and Minnesota Parenting Time: What's Changed? COVID-19, Lost Income, and Your Child Support Advantages of Using Our Family Wizard for Co-Parenting Communication

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In the modern age of Google, YouTube and the disappearing middle class, many of us have been empowered to do things for ourselves that in yesteryear would only have been done by professionals. The law is no exception. More and more folks want to be self-represented in their family law cases and that often comes with a mixed bag of results. In this episode of the podcast, Susan gives some important tips on how to avoid common pitfalls and effectively represent yourself. For more information, check out the Mundahl Law Blog: Seven Mistakes to Avoid in a Do It Yourself Divorce Is Divorce Mediation the Best Option? Divorce in the 21st Century: Do You Still Need a Lawyer?

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It’s something that can often be put off of the average person’s list of things to get done before it’s too late.  There are usually some standard reasons given, but an Estate Plan needn’t be seen as the difficult task it sometimes appears to be.  In this podcast, an attorney experienced in Estate and Probate Law dispels some of the main reasons for putting it off, while also showing why everyone should have it taken care of on their To-Do List.

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Most people are aware that in a divorce, a common goal should be to divide the couple’s property 50/50.  However with the variety of things modern couples own, it’s not always that easy.  This podcast looks at the way an experienced attorney can assist in making sure things are divided “Fair and Equitably.”

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It’s not uncommon within a divorce process for at least one of the people involved to have their name changed.  When someone has proceeded with a gender change, it’s also a likelihood they’ll want to change their name.  In this podcast episode, an attorney experienced in the field of these kinds of identity changes will clarify the the legal process, as well as point out the various important departments and agencies to be notified for a smoother transition.

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Be Nice! It's something that we say to our children but the power of this simple statement can often be forgotten in the adult world, especially during a divorce. However, being civil with your spouse during your divorce can save you quite a bit of time, money, and emotional hardship. This podcast outlines then modifies some of the strategies of the well-known, “Four Agreements.” Since divorce can many times bring out the worst in us, this refreshing look at these ideas will hopefully alter the experience to go much, much better.