In creating a power of attorney, the principal gives an agent (also called an attorney-in-fact) authority to act on his or her behalf. Regrettably, agents sometimes abuse that authority. Fortunately, Minnesota courts have authority to address situati…
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The news media often includes stories about family fights over estates, but disputes over inheritances are not limited to high-profile families. Estate litigation frequently involves a family member suing a close relative. If you are thinking abo…
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If issues arise about property or debts during a bankruptcy case, the bankruptcy trustee, a creditor, or the debtor may file an adversary proceeding. These proceedings are bankruptcy litigation and constitute court actions separate from the bankrup…
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If an agent or attorney-in-fact under a power of attorney wrongfully obtains the document, abuses the authority granted, or violates the terms of the power of attorney, the principal or another interested person authorized can file a petition in prob…
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The United States Bankruptcy Code includes a provision relating to avoidable preferences. The statutory provision authorizes the bankruptcy trustee to recoup — or “clawback” — certain payments made to creditors within the period preceding f…
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Important revisions to the Minnesota Trust Code effective on January 1, 2016, include several provisions relating to revocable trusts. One of the most significant changes sets time limits for challenging a revocable trust. The provisions affect the r…
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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…
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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…
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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…
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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…
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