Legal Memorandum: Liquor Licenses in MN

Issue: According to municipal law in Minnesota, can the existence of an unsatisfied judgment result in the suspension/nonrenewal of an establishment’s liquor license?

Area of Law: Municipal, County and Local Law
Keywords: Liquor license; Non-renewal or suspension; Authorities' broad discretion
Jurisdiction: Minnesota
Cited Cases: 466 N.W.2d 438; 310 N.W.2d 474; 633 N.W.2d 86
Cited Statutes: None
Date: 04/01/2011

            In New York, licensed attorneys who serve both as legal counsel and executor to an estate are entitled to reasonable compensation for their legal representation in addition to a statutory commission for their services as executor.  N.Y. SCPA § 2307.  In order to provide sufficient “indication that the issue of fiduciary compensation was squarely put before the testator,” however, SCPA § 2307-a demands a written acknowledgement that the testator understood that the attorney-executor would be so compensated.  In the Matter of Gurnee, 16 Misc. 3d 1113A, 847 N.Y.S.2d 896 (Surr. Ct. 2007) (unpublished).

Under SCPA § 2307-a, an attorney who prepares a will in which he or she will also serve as an executor must inform the testator that:

(a)        subject to limited statutory exceptions, any person, including the testator’s spouse, child, friend or associate, or an attorney, is eligible to serve as an executor;

(b)        absent an agreement to the contrary, any person, including an attorney, who serves as an executor is entitled to receive an executor’s statutory commissions;

(c)        absent execution of a disclosure acknowledgment, the attorney who prepared the will, a then affiliated attorney, or an employee of such attorney or a then affiliated attorney, who serves as an executor shall be entitled to one-half the commissions he or she would otherwise be entitled to receive; and

(d)       if such attorney or an affiliated attorney renders legal services in connection with the executor’s official duties, […]

0in;margin-left:1.5in;margin-bottom:.0001pt;text-align:justify;text-indent: -.5in’>

Subscribe to Litigation Pathfinder

To get the full-text of this Legal Memorandum ... and more!

(Month-to-month and annual subscriptions available)