» Litigation

Trust word written on wooden block.

What Constitutes Trustee Breach of the Duty of Loyalty?

A trustee’s responsibilities in managing a trust include the duty of loyalty imposed by Minnesota law. Breach of the duty subjects a trustee to litigation, including potential removal as trustee. To shed light on how a court may consider allegation… Read More
Categories: Litigation, Probate
Businessman going over forms

Estate Litigation: Authority of a Personal Representative to Settle Claims

The Minnesota Probate Code imposes substantial duties and authority on the personal representative of an estate, among them the ability “satisfy and settle claims.” Occasionally, exercise of that authority leads to a court challenge questioning t… Read More
Categories: Litigation, Probate
Bankruptcy law book and gavel

What Is the Difference Between an Adversary Proceeding and a Contested Matter in a Bankruptcy Case?

While most bankruptcy cases proceed smoothly from start to finish, some cases require bankruptcy court proceedings to determine issues relating to the bankruptcy case. Adversary proceedings and contested matters are the two types of bankruptcy litiga… Read More
Categories: Bankruptcy, Litigation
What Constitutes Breach o…

What Constitutes Breach of Fiduciary Duty By a Trustee?

The Minnesota Trust Code, found in Chapter 501C of the Minnesota Statutes, imposes specific fiduciary duties on a trustee. If a trustee breaches any of those duties, a court may grant relief to a person who suffers harm. In determining whether a trus… Read More
Categories: Litigation, Probate
How Beneficiary Designati…

How Beneficiary Designations Lead to Estate & Probate Litigation

Estates increasingly include assets that pass to the owner’s heirs outside the probate process through use of beneficiary designations. With the expanded use of this approach come a myriad of issues and a growing number of court cases involving ben… Read More
Categories: Litigation, Probate
Resolving Disputes Over a…

Resolving Disputes Over a Family Member’s Health Care Directive

The dramatic increase in hospitalizations due to the coronavirus (Covid-19) has many unanticipated complications. Family disagreements about medical treatment for a loved one are not unusual. For some families, differences among family members about… Read More
Categories: Litigation, Probate
Challenging a Minnesota R…

Challenging a Minnesota Revocable Trust on the Basis of Lack of Capacity or Undue Influence

A specific Minnesota statutory provision governs any court challenge to a revocable trust based on lack of capacity of the settlor. In a November 2018 decision, the Minnesota Court of Appeals reviewed the statutory standard and the prior court cases… Read More
Categories: Litigation, Probate
2020 Revision of Bankrupt…

2020 Revision of Bankruptcy Code Section 547 and Creditor Defenses to a Preference Claim

In a bankruptcy case, the trustee has authority to recover payments made to creditors within a specific period preceding the bankruptcy. Trustee claims of this type are called preferences or avoidable preferences. A creditor who receives a preference… Read More
Categories: Bankruptcy, Litigation
Who Can File Adversary Pr…

Who Can File Adversary Proceedings in a Bankruptcy Case?

Bankruptcy is a court-supervised procedure through which the petitioner asks for debt to be alleviated. If all goes well, the bankruptcy court’s discharge order alleviates the debt. The bankruptcy case itself is not litigation. However, bankruptcy… Read More
Categories: Bankruptcy, Litigation
Spousal Elective Share Li…

Spousal Elective Share Litigation Under the Minnesota Probate Code

The Minnesota Probate Code prevents a spouse from unilaterally disinheriting his or her spouse (intentionally or accidentally), by providing a surviving spouse with the ability to exercise the right to an elective share of a deceased spouse’s estat… Read More
Categories: Litigation, Probate