Articles

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

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

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

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

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

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

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

The United States Bankruptcy Code includes a provision relating to avoidable preferences. The statutory provision authorizes the bankruptcy trustee to recoup — or “clawback” — certain payments made to creditors within the period preceding fil… Read More