Articles
The Right to Marriage in a Guardianship
September 6th, 2024
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…
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Categories: Guardianship and Conservatorship
What is a Surety Bond in Conservatorship?
August 19th, 2024
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…
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Categories: Guardianship and Conservatorship
What is a Dynasty Trust in Minnesota — and When Can it Be Litigated?
August 19th, 2024
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…
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Categories: Litigation
Responsibilities of a Guardian or Conservator
June 28th, 2024
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…
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Categories: Guardianship and Conservatorship
Why Use Mediation in a Probate Case?
April 20th, 2024
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…
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Categories: Probate
What is Trust Litigation?
January 22nd, 2024
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…
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Categories: Litigation
Opportunities to Resolve Your Probate Dispute
January 15th, 2024
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…
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Categories: Probate
What to Expect During the Probate Process
December 13th, 2023
Losing a loved one can be emotionally overwhelming. In addition to going through the grieving process, you might also be concerned about what will happen during the probate process and the steps that need to be taken to ensure the decedent’s proper…
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Categories: Probate
When Can a Creditor Use a Lift Stay Motion?
November 22nd, 2023
A lift stay motion, also referred to as a motion for relief from automatic stay, is a crucial tool creditors may use in Chapter 7, 11, or 13 bankruptcy cases. It asks the court for permission to continue certain collections actions against the debtor…
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Categories: Bankruptcy
Role of an Expert Witness in Estate Litigation
September 21st, 2023
Estate litigation is a highly nuanced area of law — and one where emotions often run high. While the focus of estate litigation is to resolve disputes in connection with the administration and distribution of a decedent’s assets, expert witnesses…
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Categories: Litigation
