Articles
Can Stepchildren Contest a Will?
January 13th, 2023
Family dynamics can be complex, and this must be taken into consideration when it comes to estate planning. However, even when a decedent drafts a will in order to ensure their wishes are carried out, there may still be reasons family members may see…
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Problems That Can Arise During Probate and Lead to Litigation
December 27th, 2022
When a loved one passes away, their estate may be subject to probate — regardless of whether they had a will. Probate proceedings can be long and complicated, even without litigation. However, when disputes occur, the process can be even lengthier…
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Categories: Probate
What Rights Do Trust Beneficiaries Have in Minnesota?
October 19th, 2022
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…
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Categories: Probate
Can a Conservatorship Be Contested?
October 17th, 2022
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…
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Categories: Probate
What is the Minnesota Guardianship Bill of Rights?
September 6th, 2022
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…
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Categories: Probate
When Does a Contested Guardianship Occur?
June 24th, 2022
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…
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Categories: Probate
How Does the Minnesota Harmless Error Rule Impact Estate Litigation?
June 10th, 2022
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…
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Categories: Litigation
Intentional Wrongdoing as the Basis for Nondischargeability in Bankruptcy
April 7th, 2022
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…
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Debtors’ Rights in a Bankruptcy Case
March 7th, 2022
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…
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Categories: Bankruptcy
Equitable Mootness Doctrine in Minnesota Bankruptcy Appeals
February 7th, 2022
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…
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Categories: Bankruptcy
