Articles

BENEFICIARY is the word behind torn office paper with numbers and a black pen. Business and finance concept

What Rights Do Trust Beneficiaries Have in Minnesota?

Being named a beneficiary in a loved one’s estate plan can be a significant gift. Although distributions from trusts are often made without issue, it’s important for beneficiaries to understand that they have certain legal rights. In addition to… Read More
Categories: Probate
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Can a Conservatorship Be Contested?

If your loved one has become incapacitated and is no longer able to manage their own finances or business affairs, a conservatorship might be necessary. Not to be confused with a guardianship — which gives authority to make medical and personal dec… Read More
Categories: Probate
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What is the Minnesota Guardianship Bill of Rights?

During the 2020 legislative session, Minnesota’s guardianship laws underwent several substantial changes. These recent reforms were meant to promote supported decision-making and provide less restrictive alternatives to guardianships in order to he… Read More
Categories: Probate
Book guardianship as part of family law concept.

When Does a Contested Guardianship Occur? 

If your loved one can no longer care for themselves, a guardianship can be crucial to ensure they are safe, and their daily needs are met. Not to be confused with a conservatorship — which only concerns financial decision-making — a Minnesota gua… Read More
Categories: Probate
The lawyer is write drafting a legal document while listening to the client's information on the table with scale and gavel concept

How Does the Minnesota Harmless Error Rule Impact Estate Litigation?

The COVID-19 pandemic had an impact on all aspects of the legal field, including estate and probate litigation. Many states — including Minnesota — adopted a “Harmless Error” rule which relaxed the formalities governing the execution and modi… Read More
Categories: Litigation
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Intentional Wrongdoing as the Basis for Nondischargeability in Bankruptcy

A debtor who files a petition for bankruptcy expects that certain debts will be discharged at the conclusion of the process. However, complex provisions of the U.S. Bankruptcy Code provide numerous exceptions to dischargeability. Several of those exc… Read More
Categories: Bankruptcy, Litigation
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Debtors’ Rights in a Bankruptcy Case

Bankruptcy is a legal process that enables a debtor to have some types of debts discharged, which relieves the debtor of liability for the debts and prohibits creditor collection efforts. When a debtor files a petition for bankruptcy, federal laws an… Read More
Categories: Bankruptcy
Equitable Mootness

Equitable Mootness Doctrine in Minnesota Bankruptcy Appeals

A recent decision by the United States Court of Appeals for the Eighth Circuit limits application of the doctrine of equitable mootness in appellate review of Chapter 11 bankruptcy cases in the Eighth Circuit, which includes Minnesota. The standard a… Read More
Categories: Bankruptcy
Calculator and pencil

Prince’s Estate Tax Dispute: Why Asset Valuation Matters

The multi-talented American singer-songwriter Prince was born and raised in Minnesota and lived just outside Minneapolis when he died in 2016 at the age of 57. His estate created one of most complex probate court proceedings in Minnesota history. Amo… Read More
Categories: Bankruptcy, Probate
Unfair Inheritance: Contesting a Will

Unfair Inheritance: Challenging a Will in Probate Court

Family members sometimes feel disappointment in how they are treated in a loved one’s estate. But dissatisfaction of a beneficiary or a person omitted from a Last Will and Testament is not a sufficient legal basis for contesting a will in probate c… Read More
Categories: Litigation, Probate