» Probate

Elder's Hand Signing Will

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
Probate Court Gavel

Modification or Termination of Noncharitable Irrevocable Trusts in Minnesota

By definition, an irrevocable trust cannot be amended, modified, changed, revoked, or terminated. However, the Minnesota Trust Code grants probate courts authority to alter noncharitable irrevocable trusts in specific circumstances. Before the Trus… Read More
Categories: Probate
Probate Court Documents

Creditor Disputes in Estate Administration

One of the primary responsibilities of the personal representative of an estate is settling all claims against the estate. Especially when insufficient funds are available to pay all creditors of the estate, creditor disputes can arise during estate… Read More
Categories: Probate
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

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

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 stat… 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, … Read More
Categories: Litigation, Probate
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 h… 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
Law Books and Gavel - Guardianship Hearing

What Happens in a Minnesota Guardianship Hearing?

Minnesota state laws include the Uniform Guardianship and Protective Proceedings Act. A guardianship proceeding is a process in probate court through which a guardian is appointed for a minor or a person who is determined by the court to be incapac… Read More
Categories: Probate