» Litigation
What is Trust Litigation?
January 22nd, 2024
A trust can be an essential estate planning tool. They are often used to minimize estate tax consequences when passing property to a beneficiary and avoid the public probate process. But regardless of the many advantages they offer, there are certain…
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Categories: Litigation
Role of an Expert Witness in Estate Litigation
September 21st, 2023
Estate litigation is a highly nuanced area of law — and one where emotions often run high. While the focus of estate litigation is to resolve disputes in connection with the administration and distribution of a decedent’s assets, expert witnesses…
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Categories: Litigation
What’s the Difference Between Probate and Estate Litigation?
August 1st, 2023
If your loved one recently passed away, you might have many questions about the legal process that is associated with settling their estate. Critically, people often confuse the terms “probate,” and “estate litigation.” Although they both tak…
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Is a No-Contest Clause in a Will Enforceable?
February 22nd, 2023
For most people, one of the primary objectives of estate planning is reducing any potential conflict that could arise between family members. One way of doing this is by including a no-contest clause in a last will and testament. However, even if you…
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What Can You Do if the Personal Representative is Mismanaging the Estate?
February 8th, 2023
The personal representative of a decedent’s estate serves a crucial role in the administration process. Unfortunately, when a personal representative is dishonest or disloyal, conflicts can arise that cause significant delay and a considerable amou…
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Can Stepchildren Contest a Will?
January 13th, 2023
Family dynamics can be complex, and this must be taken into consideration when it comes to estate planning. However, even when a decedent drafts a will in order to ensure their wishes are carried out, there may still be reasons family members may see…
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How Does the Minnesota Harmless Error Rule Impact Estate Litigation?
June 10th, 2022
The COVID-19 pandemic had an impact on all aspects of the legal field, including estate and probate litigation. Many states — including Minnesota — adopted a “Harmless Error” rule which relaxed the formalities governing the execution and modi…
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Categories: Litigation
Intentional Wrongdoing as the Basis for Nondischargeability in Bankruptcy
April 7th, 2022
A debtor who files a petition for bankruptcy expects that certain debts will be discharged at the conclusion of the process. However, complex provisions of the U.S. Bankruptcy Code provide numerous exceptions to dischargeability. Several of those exc…
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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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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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