» Litigation

What is trust litigation? A gavel on a table.

What is Trust Litigation?

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… Read More
Categories: Litigation
The role of an expert witness with a hand on the bible in court.

Role of an Expert Witness in Estate Litigation

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… Read More
Categories: Litigation
Probate and Estate Litigation Concept.

What’s the Difference Between Probate and Estate Litigation?

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… Read More
Categories: Litigation, Probate
Man with document. Lawyer with magnifying glass checks will for no-contest clause.

Is a No-Contest Clause in a Will Enforceable?

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… Read More
Categories: Litigation, Probate
Law Concept. Breach of Duty

What Can You Do if the Personal Representative is Mismanaging the Estate?

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… Read More
Categories: Litigation, Probate
An elderly mother poses with her adopted African American daughter as they sit on the sofa in the living room concept

Can Stepchildren Contest a Will?

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… Read More
The lawyer is write drafting a legal document while listening to the client's information on the table with scale and gavel concept

How Does the Minnesota Harmless Error Rule Impact Estate Litigation?

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… Read More
Categories: Litigation
courtroom trial concept

Intentional Wrongdoing as the Basis for Nondischargeability in Bankruptcy

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… Read More
Categories: Bankruptcy, Litigation
Unfair Inheritance: Contesting a Will

Unfair Inheritance: Challenging a Will in Probate Court

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… Read More
Categories: Litigation, Probate
britney spears star

Britney Spears Conservatorship: Probate Litigation to Fight Abuse

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… Read More
Categories: Litigation, Probate