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Spousal Elective Share Li…

Spousal Elective Share Litigation Under the Minnesota Probate Code

The Minnesota Probate Code prevents a spouse from unilaterally disinheriting his or her spouse (intentionally or accidentally), by providing a surviving spouse with the ability to exercise the right to an elective share of a deceased spouse’s estat… Read More
Categories: Litigation, Probate
Can a Creditor or Benefic…

Can a Creditor or Beneficiary Challenge a Spendthrift Provision in a Trust?

A spendthrift provision in a trust restricts a beneficiary’s ability to transfer trust assets. It also prevents creditors from reaching the property of the trust to repay the beneficiary’s debts. Not surprisingly, beneficiaries and creditors ofte… Read More
US dollar bills and a gavel on the table. - Dave Burns Law Office, LLC

Recovery of Attorney’s Fees in Trust Litigation

When administration of a trust does not go smoothly, the trust may end up in litigation. In court cases involving a trust, a common question concerns whether the trustee (or the other party) can recover attorney’s fees in trust litigation. Early in… Read More
Categories: Litigation, Probate
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
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
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
Probate Court Gavel - Dave Burns Law Office, LLC

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 Trust… Read More
Categories: Probate