» Litigation

Can You Compel Distribution of a Trust?

Can You Compel Distribution of a Trust?

Beneficiaries expect trust distributions to be made according to the terms of the trust. When distributions are delayed or never made, the question becomes whether a beneficiary can compel the trustee to act. Minnesota trust law distinguishes between… Read More
Categories: Litigation
Understanding Minnesota’s New Order for Protection Against Financial Exploitation.

Understanding Minnesota’s New Order for Protection Against Financial Exploitation

Financial exploitation rarely starts with a dramatic theft. It often begins quietly, with a “loan” that never gets repaid or a caregiver who slowly takes control of someone else’s finances. Many families know something is wrong long before they… Read More
Categories: Litigation
The Role of Forensic Accountants in Trust Litigation.

The Role of Forensic Accountants in Trust Litigation

Trusts are meant to protect assets for the intended beneficiaries. However, an unscrupulous or careless trustee may sometimes mismanage the trust assets or commit fraud. A forensic accountant can play a critical role in trust disputes by scrutinizing… Read More
Categories: Litigation
What is a Dynasty Trust in Minnesota?

What is a Dynasty Trust in Minnesota — and When Can it Be Litigated?

There are many different estate planning tools in place that can be used in Minnesota to ensure a decedent’s future wishes are carried out. While every estate plan should start with a last will and testament, some might also consider using trusts t… Read More
Categories: 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