» Probate
Decanting Assets of an Irrevocable Trust in Minnesota
February 10th, 2021
In common usage, decanting refers to pouring the contents of one container into another vessel. In the Minnesota Trust Code revisions that took effect 2016, trust decanting has an analogous meaning. It refers to moving assets from one irrevocable tru…
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Award of Attorney’s Fees in Minnesota Estate Litigation
November 9th, 2020
Under a Minnesota statute, a personal representative, nominee, or other interested person may receive reimbursement from an estate for attorney’s fees and other expenses relating to estate litigation, if certain criteria are met. Courts construe th…
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What Constitutes Trustee Breach of the Duty of Loyalty?
September 24th, 2020
A trustee’s responsibilities in managing a trust include the duty of loyalty imposed by Minnesota law. Breach of the duty subjects a trustee to litigation, including potential removal as trustee. To shed light on how a court may consider allegation…
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Estate Litigation: Authority of a Personal Representative to Settle Claims
August 19th, 2020
The Minnesota Probate Code imposes substantial duties and authority on the personal representative of an estate, among them the ability “satisfy and settle claims.” Occasionally, exercise of that authority leads to a court challenge questioning t…
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What Constitutes Breach of Fiduciary Duty By a Trustee?
June 8th, 2020
The Minnesota Trust Code, found in Chapter 501C of the Minnesota Statutes, imposes specific fiduciary duties on a trustee. If a trustee breaches any of those duties, a court may grant relief to a person who suffers harm. In determining whether a trus…
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How Beneficiary Designations Lead to Estate & Probate Litigation
May 7th, 2020
Estates increasingly include assets that pass to the owner’s heirs outside the probate process through use of beneficiary designations. With the expanded use of this approach come a myriad of issues and a growing number of court cases involving ben…
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Resolving Disputes Over a Family Member’s Health Care Directive
March 26th, 2020
The dramatic increase in hospitalizations due to the coronavirus (Covid-19) has many unanticipated complications. Family disagreements about medical treatment for a loved one are not unusual. For some families, differences among family members about…
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Challenging a Minnesota Revocable Trust on the Basis of Lack of Capacity or Undue Influence
March 6th, 2020
A specific Minnesota statutory provision governs any court challenge to a revocable trust based on lack of capacity of the settlor. In a November 2018 decision, the Minnesota Court of Appeals reviewed the statutory standard and the prior court cases…
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Spousal Elective Share Litigation Under the Minnesota Probate Code
December 12th, 2019
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…
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Can a Creditor or Beneficiary Challenge a Spendthrift Provision in a Trust?
November 27th, 2019
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…
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