Articles

Elder's Hand Signing Will

Challenging a Will Based On Lack of Capacity of the Testator

Several different reasons can support a challenge to a will, including undue influence, fraud, duress, and improper execution. Often, disappointed heirs or beneficiaries contest a will based on lack of capacity — but what does it mean when a petiti… Read More
Categories: Litigation, Probate
Bankruptcy Law Books

Understanding Objections to Discharge in Bankruptcy

When a debtor files for bankruptcy, many debts will be discharged when the bankruptcy is finalized. However, during the bankruptcy process, a creditor can file an objection to discharge of a specific debt. Filing an objection constitutes an advers… Read More
Categories: Bankruptcy, Litigation
Probate Court Gavel

Modification or Termination of Noncharitable Irrevocable Trusts in Minnesota

By definition, an irrevocable trust cannot be amended, modified, changed, revoked, or terminated. However, the Minnesota Trust Code grants probate courts authority to alter noncharitable irrevocable trusts in specific circumstances. Before the Trus… Read More
Categories: Probate
Probate Court Documents

Creditor Disputes in Estate Administration

One of the primary responsibilities of the personal representative of an estate is settling all claims against the estate. Especially when insufficient funds are available to pay all creditors of the estate, creditor disputes can arise during estate… Read More
Categories: Probate
Man's Hand Stopping Dominos from Falling: Collateral Estoppel Concept

Collateral Estoppel in Bankruptcy Litigation

Under a decision of the United States Supreme Court, the legal principle of collateral estoppel applies to dischargeability actions brought under Section 523(a) of the United States Bankruptcy Code. Debtors and creditors both should to understand h… Read More
Categories: Bankruptcy, Litigation
Broken Metal Letters Spelling

Understanding the Prohibition Against Trustee Self-Dealing

A trustee who manages and administers a trust fund has many responsibilities, including specific duties imposed under the Minnesota Trust Code. Among the statutory responsibilities is the duty of loyalty, which encompasses a prohibition against self-… Read More
Categories: Litigation, Probate
Photo: Elder Woman Signing Will Under Undue Influence

Litigating Undue Influence Disputes

When a person creates a will or trust, he or she is legally required to have the capacity to sign the document. The law also requires that the person be exercising his or her own free will in determining the contents of the document, including those… Read More
Categories: Litigation, Probate
U.S. Bankruptcy Court sign

Revocation of a Bankruptcy Discharge

If a bankruptcy case is successfully completed, the bankruptcy court grants the debtor a discharge, which gives the debtor a fresh start by relieving him or her of personal liability for most types of debt. However, the U.S. Bankruptcy Code provides… Read More
Categories: Bankruptcy
Minnesota Capitol Dome

Nonjudicial Settlement Agreements Under the Minnesota Trust Code

The rules for nonjudicial settlement agreements relating to Minnesota trusts changed substantially on January 1, 2016, when the new Minnesota Trust Code became effective. The law, which generally reflects the Uniform Trust Code, modernized the stat… Read More
Categories: Litigation, Probate
Enforcing Guardian Responsibilities - Hand Writing

Enforcing Guardian Responsibilities Through Litigation

If you know someone cared for by a guardian, and the guardian is not fully caring for the person, is there anything you can do to help? Absolutely. Enforcing guardian responsibilities falls under a type of legal practice called probate litigation, … Read More
Categories: Litigation, Probate