» Litigation

Probate court hearing form on a desk with a calculator, pen, glasses, mobile phone and digital tablet. - Dave Burns Law Office, LLC

When Can Minnesota Court Remove the Personal Representative of an Estate?

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
Categories: Litigation, Probate
Power of Attorney document and gavel - Dave Burns Law Office, LLC

Minnesota Court Review of Misconduct by an Agent under a Power of Attorney

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
Categories: Litigation, Probate
Book of estate law and gavel on a table. - Dave Burns Law Office, LLC

5 Things To Consider Before Suing a Family Member Over an Estate Dispute

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
Categories: Litigation, Probate
Bankruptcy Court Hearing Document and Judges gavel on a desktop. - Dave Burns Law Office, LLC

How Does Bankruptcy Litigation Affect a Bankruptcy Case?

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
Categories: Bankruptcy, Litigation
Powers of Attorney Folder and Gavel - Dave Burns Law Office, LLC

Power of Attorney Litigation in Minnesota

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
Categories: Litigation, Probate
Gavel and bankruptcy law documents. - Dave Burns Law Office, LLC

Avoidable Preference Litigation in Bankruptcy Cases

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
Categories: Bankruptcy, Litigation
Revocable trust on a wooden desk. - Dave Burns Law Office, LLC

What Is the Time Limit for Challenging the Validity of a Revocable Trust in Minnesota?

Important revisions to the Minnesota Trust Code effective on January 1, 2016, include several provisions relating to revocable trusts. One of the most significant changes sets time limits for challenging a revocable trust. The provisions affect the r… Read More
Categories: Litigation, Probate
Elder's Hand Signing Will - Dave Burns Law Office, LLC

Challenging a Will Based On Lack of Capacity of the Testator

Several different reasons can support a challenge to a will, including undue influence, fraud, duress, and improper execution. Often, disappointed heirs or beneficiaries contest a will based on lack of capacity — but what does it mean when a petiti… Read More
Categories: Litigation, Probate
Bankruptcy Law Books - Dave Burns Law Office, LLC

Understanding Objections to Discharge in Bankruptcy

When a debtor files for bankruptcy, many debts will be discharged when the bankruptcy is finalized. However, during the bankruptcy process, a creditor can file an objection to discharge of a specific debt. Filing an objection constitutes an adversary… Read More
Categories: Bankruptcy, Litigation
Man's Hand Stopping Dominos from Falling: Collateral Estoppel Concept - Dave Burns Law Office, LLC

Collateral Estoppel in Bankruptcy Litigation

Under a decision of the United States Supreme Court, the legal principle of collateral estoppel applies to dischargeability actions brought under Section 523(a) of the United States Bankruptcy Code. Debtors and creditors both should to understand how… Read More
Categories: Bankruptcy, Litigation