» Probate
Can a Will Be Contested After Probate?
December 13th, 2024
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…
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Categories: Probate
The Harmless Error Rule: A Case Study from The Dave Burns Law Office
November 22nd, 2024
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…
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Categories: Probate
Why Use Mediation in a Probate Case?
April 20th, 2024
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…
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Categories: Probate
Opportunities to Resolve Your Probate Dispute
January 15th, 2024
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…
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Categories: Probate
What to Expect During the Probate Process
December 13th, 2023
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…
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Categories: Probate
Uncovering Hidden Assets During Probate
August 14th, 2023
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…
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Categories: Probate
What’s the Difference Between Probate and Estate Litigation?
August 1st, 2023
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…
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What Are Your Options if the Trustee Refuses to Give Accounting?
July 21st, 2023
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…
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Categories: Probate
What’s the Difference Between a Probate Attorney and a Probate Litigation Lawyer?
July 18th, 2023
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…
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Categories: Probate
Is a No-Contest Clause in a Will Enforceable?
February 22nd, 2023
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…
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