Probate litigation can be a complex process, especially when disputes arise over the validity of a will. In Minnesota, undue influence and duress are two common grounds for challenging a will. While these terms may seem similar, they have distinct meanings and implications in the context of probate law. Attorneys can assist when determining if litigation is necessary due to… The post Undue influence and duress in Minnesota probate litigation first appeared on Mason & Helmers ..read more

Probate litigation can be a daunting prospect for many individuals. After all, the probate process is often shrouded in misinformation. An individual’s first step is to learn more about what issues people typically have with probate litigation. Myth 1: Probate litigation always involves a long court battle People may think probate litigation only leads to a long court battle. While fights can potentially arise during the probate process, not all cases fit that description. Some people use negotiation or mediation outside of court. Additionally, proper estate planning can minimize the likelihoo ..read more

Contesting the will of a friend or family member is a complex and sensitive matter. In Minnesota, individuals may have grounds to contest a will based on certain factors. Understanding these reasons is important for those who find themselves questioning the validity of a testamentary document. Lack of testamentary capacity One common reason to contest a will is the alleged lack of testamentary capacity of the testator, the person creating the will. If you can demonstrate that the testator did not possess the mental capacity to understand the consequences of their decisions at the time of creat ..read more

When someone passes away, their estate goes through the legal process formally known as probate. During probate, the deceased’s assets pass on to beneficiaries according to their will or, in the absence of a will, according to state laws. However, probate proceedings can sometimes lead to disputes among beneficiaries, which may ultimately result in costly litigation. In such situations, an executor plays a valuable role in helping to resolve these conflicts and ensure a smooth probate process. Facilitating communication The executor is responsible for managing the deceased’s assets and oversee ..read more

Getting an estate plan together is no easy feat. If you already have one in place, give yourself some credit. You are part of a small percentage of Americans that can claim to have their affairs in order. This is true even after living through a global pandemic — a plague that led many to question their own mortality and start thinking about putting together an estate plan. How many people actually have an estate plan? Approximately 33% of Americans currently have an estate plan. Most point to a lack of time as the primary hurdle to getting a plan, while others voice concern about having enoug ..read more

After you die, your estate will likely undergo the probate process. This legal process involves formally recognizing the existence of a will and appointing the executor to administer the estate. Once the probate process concludes, according to the American Bar Association, the intended beneficiaries can receive their assets. Although probate is a standard part of the estate administration process, there are many myths that surround it. The probate process takes years The probate process does take time because the creditors of the deceased must have the opportunity to file a claim against the e ..read more

During the estate planning process, an individual names a personal representative to manage his or her affairs after death. This representative must act as a fiduciary when managing the estate, putting its best interests before his or her potential financial gain. Learn about the fiduciary role and steps to take when a personal representative does not live up to these responsibilities. Fiduciary as personal representative The personal representative agrees to act in the interest of the estate when fulfilling these duties and obligations: Giving notice of probate to beneficiaries, creditors and ..read more

You may find that there’s a problem with a trustee you have named in your Minnesota trust. Depending on the circumstances, you may want to remove that trustee. There are five key reasons to remove a trustee from your trust. Failing to comply with the terms of the trust Estate litigation may be necessary when you have a trustee who fails to comply with the terms of the trust. If they don’t act in the best interests of the beneficiaries or the trust itself, they can be removed. The beneficiaries can request that the trustee be removed by petitioning the court. Mismanaging or neglecting trust ass ..read more

Minnesota residents have likely read many media stories about bitter disputes between the relatives of celebrities who died without leaving behind a last will and testament. The legendary singer James Brown avoided this mistake by putting a complex estate plan into place before passing away at the age of 73. Brown’s estate plan included an irrevocable trust as well as a will, but his careful planning was not enough to prevent a dispute that gave rise to more than a dozen lawsuits and dragged on for 14 years. Funeral delayed The estate dispute, which involves Brown’s children, the estate’s admi ..read more

People in Minnesota make wills in order to ensure their property is passed on after their death according to their wishes. However, in order for a will to be considered valid during the probate process, it must meet certain standards. This may come under additional scrutiny when there is a dispute about the will among potential heirs. One key issue that arises in determining whether or not a will is valid is testamentary capacity — that is, whether the person who made the will had the mental capacity to do so at that time. Can you make decisions for yourself? There is a legal standard governin ..read more