Articles
Prince’s Estate Tax Dispute: Why Asset Valuation Matters
January 4th, 2022
The multi-talented American singer-songwriter Prince was born and raised in Minnesota and lived just outside Minneapolis when he died in 2016 at the age of 57. His estate created one of most complex probate court proceedings in Minnesota history. Amo…
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Unfair Inheritance: Challenging a Will in Probate Court
December 8th, 2021
Family members sometimes feel disappointment in how they are treated in a loved one’s estate. But dissatisfaction of a beneficiary or a person omitted from a Last Will and Testament is not a sufficient legal basis for contesting a will in probate c…
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Why You Should Be Honest with Bankruptcy Court
November 17th, 2021
The District of Columbia Court of Appeals recently affirmed dismissal of a $10 million medical malpractice lawsuit, based on the plaintiffs’ failure to disclose the case as a potential asset in their bankruptcy case. While the decision is not bindi…
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Categories: Bankruptcy
Britney Spears Conservatorship: Probate Litigation to Fight Abuse
October 6th, 2021
The 13-year saga of the Britney Spears conservatorship case has recently drawn increased news and social media scrutiny, due to Britney’s legal efforts to end the conservatorship. Coverage of the probate litigation focuses attention on conservators…
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How Does Minnesota Probate Court Handle Evidence in Lieu of the Dead Man’s Statute?
September 17th, 2021
In probate and estate litigation, parties often wish to present evidence relating to communications with a decedent whose estate is the subject of the court action. Some states have laws known as dead man’s statutes that prohibit witnesses from tes…
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Categories: Litigation
Litigation: The Power of Process
August 19th, 2021
The American civil court system provides individuals, businesses, and other entities with an exceedingly effective way to end disputes. The orderly litigation process provides a framework with the power to resolve irreconcilable conflicts when the pa…
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Categories: Litigation
What Is Bankruptcy Rule 2004?
July 7th, 2021
If issues arise in a bankruptcy case that necessitate further inquiry, Bankruptcy Rule 2004 of the Federal Rules of Bankruptcy Procedure establishes a specific process for obtaining evidence. The process is referred to as a Rule 2004 examination, in…
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What Happens if Someone Dies Without a Will in Minnesota?
June 3rd, 2021
A Last Will and Testament, commonly referred to as a will, is a legal document in which a person makes important decisions about what happens when they pass away. A will typically distributes the property of the estate, designates a person to adminis…
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Categories: Probate
What Is the Automatic Stay in Bankruptcy?
May 11th, 2021
The automatic stay provisions in the federal Bankruptcy Code provide immediate protection from creditors when a debtor files a petition for bankruptcy under Chapter 7 or Chapter 13. However, the law includes exceptions to the stay, and a creditor can…
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Categories: Bankruptcy
Mediation in Minnesota Bankruptcy Cases
April 1st, 2021
When an adversary proceeding or contested matter occurs in a bankruptcy case, lawyers for the parties sometimes can negotiate a settlement to avoid having the bankruptcy court decide the dispute. If the parties cannot agree, mediation may be an optio…
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Categories: Bankruptcy
