» Probate

Can a Will Be Contested After Probate?

Can a Will Be Contested After Probate?

A last will and testament may be contested during the probate process by anyone who has the legal grounds to do so. Although rare, there may be situations in which a will can be challenged after a decedent’s estate has been closed. Contesting a wil… Read More
Categories: Probate
The Harmless Error Rule: A Case Study from The Dave Burns Law Office.

The Harmless Error Rule: A Case Study from The Dave Burns Law Office

The Dave Burns Law Office recently handled a case involving the question of whether a valid will was created under Minnesota’s new “harmless error rule.” The court held that the document in question did not constitute a last will and testament… Read More
Categories: Probate
Why Use Mediation in a Probate Case.

Why Use Mediation in a Probate Case?

Probate disputes can be costly, time-consuming, and contentious. They can also cause emotional stress and tear families apart. However, families in Minnesota who are facing probate litigation have another option available — mediation. This is a for… Read More
Categories: Probate
Probate dispute of probate law concept image.

Opportunities to Resolve Your Probate Dispute

Probate can be lengthy, costly, and overwhelming. The process can be even more stressful if family members do not agree how their loved one’s property should be distributed and the conflict must be resolved with litigation. It’s important to unde… Read More
Categories: Probate
A probate attorney doing paper work during the probate process.

What to Expect During the Probate Process

Losing a loved one can be emotionally overwhelming. In addition to going through the grieving process, you might also be concerned about what will happen during the probate process and the steps that need to be taken to ensure the decedent’s proper… Read More
Categories: Probate
The probate process during the finding of hidden assets.

Uncovering Hidden Assets During Probate

Issues in connection with hidden assets are not uncommon during the process of administering an estate. For instance, a decedent may have failed to properly document all the property they left behind, either intentionally or inadvertently. In other c… Read More
Categories: Probate
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
What to do when trustee refuses to give accounting.

What Are Your Options if the Trustee Refuses to Give Accounting?

The trustee of a revocable or irrevocable trust is required to follow specific rules, regulations, and procedures. Importantly, a trust beneficiary has the right to have a trustee who acts in good faith, is loyal, and protects the trust property. The… Read More
Categories: Probate
Probate gavel.

What’s the Difference Between a Probate Attorney and a Probate Litigation Lawyer?

If your loved one passed away, their assets will usually need to be distributed through the probate process. In the best-case scenario, the decedent’s wishes will be outlined in a valid will that specifies the beneficiaries who will receive which a… Read More
Categories: 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