» Litigation

Broken Metal Letters Spelling

Understanding the Prohibition Against Trustee Self-Dealing

A trustee who manages and administers a trust fund has many responsibilities, including specific duties imposed under the Minnesota Trust Code. Among the statutory responsibilities is the duty of loyalty, which encompasses a prohibition against self-… Read More
Categories: Litigation, Probate
Photo: Elder Woman Signing Will Under Undue Influence - Dave Burns Law Office, LLC

Litigating Undue Influence Disputes

When a person creates a will or trust, he or she is legally required to have the capacity to sign the document. The law also requires that the person be exercising his or her own free will in determining the contents of the document, including those… Read More
Categories: Litigation, Probate
Minnesota Capitol Dome - Dave Burns Law Office, LLC

Nonjudicial Settlement Agreements Under the Minnesota Trust Code

The rules for nonjudicial settlement agreements relating to Minnesota trusts changed substantially on January 1, 2016, when the new Minnesota Trust Code became effective. The law, which generally reflects the Uniform Trust Code, modernized the state… Read More
Categories: Litigation, Probate
Enforcing Guardian Responsibilities - Hand Writing

Enforcing Guardian Responsibilities Through Litigation

If you know someone cared for by a guardian, and the guardian is not fully caring for the person, is there anything you can do to help? Absolutely. Enforcing guardian responsibilities falls under a type of legal practice called probate litigation, wh… Read More
Categories: Litigation, Probate
Old Bankruptcy Law Book

When Can a Creditor Challenge the Dischargeability of a Debt in Bankruptcy Litigation?

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… Read More
Categories: Bankruptcy, Litigation
Document - Annual Report by Conservator

Litigation Options for Breach of Fiduciary Duties by a Conservator

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… Read More
Categories: Litigation, Probate
Family Members Disagreeing - Playing Tug o War

Resolving Family Member Disagreements About Administration of a Trust

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… Read More
Categories: Litigation, Probate
Bankruptcy Law Documents and Gavel

Voidable / Fraudulent Transfers in Bankruptcy Cases

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… Read More
Categories: Bankruptcy, Litigation
Gavel in Probate Court

Minnesota Trust Law: When and How to Remove a Trustee

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… Read More
Categories: Litigation, Probate
Old-Fashioned Will And Testament

Unfair Inheritance: Challenging a Will in Probate Court

When a person who signed a Last Will and Testament dies, the will specifies who will inherit the decedent’s property. Individuals who inherit under the will are called beneficiaries. Sometimes, a beneficiary is not happy with what he or she rec… Read More
Categories: Litigation, Probate