Articles
Challenging a Will Based On Lack of Capacity of the Testator
October 30th, 2018
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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Understanding Objections to Discharge in Bankruptcy
September 20th, 2018
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 adversary…
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Modification or Termination of Noncharitable Irrevocable Trusts in Minnesota
September 13th, 2018
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 Trust…
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Categories: Probate
Creditor Disputes in Estate Administration
August 10th, 2018
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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Categories: Probate
Collateral Estoppel in Bankruptcy Litigation
June 28th, 2018
Under a decision of the United States Supreme Court, the legal principle of collateral estoppel applies to dischargeability actions brought under Section 523(a) of the United States Bankruptcy Code. Debtors and creditors both should to understand how…
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Understanding the Prohibition Against Trustee Self-Dealing
June 15th, 2018
A trustee who manages and administers a trust fund has many responsibilities, including specific duties imposed under the Minnesota Trust Code. Among the statutory responsibilities is the duty of loyalty, which encompasses a prohibition against self-…
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Litigating Undue Influence Disputes
June 8th, 2018
When a person creates a will or trust, he or she is legally required to have the capacity to sign the document. The law also requires that the person be exercising his or her own free will in determining the contents of the document, including those…
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Revocation of a Bankruptcy Discharge
April 3rd, 2018
If a bankruptcy case is successfully completed, the bankruptcy court grants the debtor a discharge, which gives the debtor a fresh start by relieving him or her of personal liability for most types of debt. However, the U.S. Bankruptcy Code provides…
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Categories: Bankruptcy
Nonjudicial Settlement Agreements Under the Minnesota Trust Code
March 1st, 2018
The rules for nonjudicial settlement agreements relating to Minnesota trusts changed substantially on January 1, 2016, when the new Minnesota Trust Code became effective. The law, which generally reflects the Uniform Trust Code, modernized the stateâ…
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Enforcing Guardian Responsibilities Through Litigation
January 30th, 2018
If you know someone cared for by a guardian, and the guardian is not fully caring for the person, is there anything you can do to help? Absolutely. Enforcing guardian responsibilities falls under a type of legal practice called probate litigation, wh…
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