Articles

Can a Will Be Contested After Probate?

Can a Will Be Contested After Probate?

A last will and testament may be contested during the probate process by anyone who has the legal grounds to do so. Although rare, there may be situations in which a will can be challenged after a decedent’s estate has been closed. Contesting a wil… Read More
Categories: Probate
The Harmless Error Rule: A Case Study from The Dave Burns Law Office.

The Harmless Error Rule: A Case Study from The Dave Burns Law Office

The Dave Burns Law Office recently handled a case involving the question of whether a valid will was created under Minnesota’s new “harmless error rule.” The court held that the document in question did not constitute a last will and testament… Read More
Categories: Probate
The Role of Court Visitors in Guardianships.

The Role of Court Visitors in Guardianships

If your loved one has been diagnosed with Alzheimer’s or another condition that causes them to become incapacitated, they may be in need of a guardianship. This is a legal framework that is put into place to protect individuals who cannot make deci… Read More
The Right to Marriage in a Guardianship.

The Right to Marriage in a Guardianship

Marriage is a fundamental right that is protected by the United States Constitution, as well as the civil right to enter into contracts. But when a person has a guardian appointed, they typically can no longer sign binding contracts on their own. Rat… Read More
What is a Surety Bond in Conservatorship?

What is a Surety Bond in Conservatorship?

Under Minnesota law, a conservator must be appointed by the court before they can assume their duties. These duties include acting in the best financial interests of the protected person while managing their estate. A surety bond is a type of bond th… Read More
What is a Dynasty Trust in Minnesota?

What is a Dynasty Trust in Minnesota — and When Can it Be Litigated?

There are many different estate planning tools in place that can be used in Minnesota to ensure a decedent’s future wishes are carried out. While every estate plan should start with a last will and testament, some might also consider using trusts t… Read More
Categories: Litigation
Responsibilities of a Guardian or Conservator.

Responsibilities of a Guardian or Conservator

As loved ones grow older, they may not always be able to handle their finances or make decisions about their healthcare and welfare on their own. Guardians and conservators can both play a major role in the life of an incapacitated person. However, r… Read More
Why Use Mediation in a Probate Case.

Why Use Mediation in a Probate Case?

Probate disputes can be costly, time-consuming, and contentious. They can also cause emotional stress and tear families apart. However, families in Minnesota who are facing probate litigation have another option available — mediation. This is a for… Read More
Categories: Probate
What is trust litigation? A gavel on a table.

What is Trust Litigation?

A trust can be an essential estate planning tool. They are often used to minimize estate tax consequences when passing property to a beneficiary and avoid the public probate process. But regardless of the many advantages they offer, there are certain… Read More
Categories: Litigation
Probate dispute of probate law concept image.

Opportunities to Resolve Your Probate Dispute

Probate can be lengthy, costly, and overwhelming. The process can be even more stressful if family members do not agree how their loved one’s property should be distributed and the conflict must be resolved with litigation. It’s important to unde… Read More
Categories: Probate