Articles
When Can a Creditor Challenge the Dischargeability of a Debt in Bankruptcy Litigation?
January 17th, 2018
In a bankruptcy case, many debts are dischargeable, including credit card debt, medical bills, utility bills, and personal loans. When a debt is discharged in bankruptcy, the debtor no longer has to pay it. However, a debtor’s right to have debts d…
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Litigation Options for Breach of Fiduciary Duties by a Conservator
January 9th, 2018
A conservator is a person appointed by the probate court to manage a person’s financial affairs or estate. For a conservator to be appointed, the court must determine that the person lacks the capacity to manage his or her own finances and also has…
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Resolving Family Member Disagreements About Administration of a Trust
September 28th, 2017
No matter how much careful thought and professional advice goes into an estate plan, there are times when family members have disagreements after a trust has been set up as part of an estate. Sibling rivalries can surface or re-surface, second marria…
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What Happens in a Minnesota Guardianship Hearing?
August 25th, 2017
Minnesota state laws include the Uniform Guardianship and Protective Proceedings Act. A guardianship proceeding is a process in probate court through which a guardian is appointed for a minor or a person who is determined by the court to be incapacit…
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Categories: Probate
Voidable / Fraudulent Transfers in Bankruptcy Cases
July 28th, 2017
In bankruptcy cases, a bankruptcy trustee has the ability to void certain fraudulent transfers of property made by the debtor prior to filing bankruptcy. This ability is often referred to as the bankruptcy clawback provision. When fraudulent transfer…
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Minnesota Trust Law: When and How to Remove a Trustee
July 19th, 2017
A trust is commonly an element of an estate plan. Trusts can be created independently of an estate plan as well. There are many different types. Some go into effect on the death of the person creating the trust.Others become effect immediately on sig…
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