Articles

Spousal Elective Share Li…

Spousal Elective Share Litigation Under the Minnesota Probate Code

The Minnesota Probate Code prevents a spouse from unilaterally disinheriting his or her spouse (intentionally or accidentally), by providing a surviving spouse with the ability to exercise the right to an elective share of a deceased spouse’s estat… Read More
Categories: Litigation, Probate
Core and Non-Core Proceed…

Core and Non-Core Proceedings in Bankruptcy Litigation: What Is the Difference and Why Does It Matter?

In some bankruptcy cases, issues arise that are not directly related to the bankruptcy but must be resolved before the bankruptcy court can finalize the bankruptcy case itself. When that situation occurs, the legal distinction between core proceeding… Read More
Categories: Bankruptcy, Litigation
Can a Creditor or Benefic…

Can a Creditor or Beneficiary Challenge a Spendthrift Provision in a Trust?

A spendthrift provision in a trust restricts a beneficiary’s ability to transfer trust assets. It also prevents creditors from reaching the property of the trust to repay the beneficiary’s debts. Not surprisingly, beneficiaries and creditors ofte… Read More
US dollar bills and a gavel on the table. - Dave Burns Law Office, LLC

Recovery of Attorney’s Fees in Trust Litigation

When administration of a trust does not go smoothly, the trust may end up in litigation. In court cases involving a trust, a common question concerns whether the trustee (or the other party) can recover attorney’s fees in trust litigation. Early in… Read More
Categories: Litigation, Probate
Someone fllling out Bankruptcy Court Hearing Form. - Dave Burns Law Office, LLC

5 Common Types of Adversary Proceedings in Bankruptcy Cases

In some bankruptcy cases, issues arise that require a bankruptcy court proceeding separate from the bankruptcy itself. These actions, called adversary proceedings, are a type of bankruptcy litigation. They take place as an independent legal action wi… Read More
Categories: Bankruptcy, Litigation
Probate court hearing form on a desk with a calculator, pen, glasses, mobile phone and digital tablet. - Dave Burns Law Office, LLC

When Can Minnesota Court Remove the Personal Representative of an Estate?

The personal representative of an estate collects and distributes the property of a person who passed away. Most of the time, no issues arise during administration of the estate. But what happens if that person mishandles the estate? In specific circ… Read More
Categories: Litigation, Probate
Power of Attorney document and gavel - Dave Burns Law Office, LLC

Minnesota Court Review of Misconduct by an Agent under a Power of Attorney

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… Read More
Categories: Litigation, Probate
Book of estate law and gavel on a table. - Dave Burns Law Office, LLC

5 Things To Consider Before Suing a Family Member Over an Estate Dispute

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 about s… Read More
Categories: Litigation, Probate
Bankruptcy Court Hearing Document and Judges gavel on a desktop. - Dave Burns Law Office, LLC

How Does Bankruptcy Litigation Affect a Bankruptcy Case?

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 bankruptc… Read More
Categories: Bankruptcy, Litigation
Powers of Attorney Folder and Gavel - Dave Burns Law Office, LLC

Power of Attorney Litigation in Minnesota

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… Read More
Categories: Litigation, Probate