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Photo: Elder Woman Signing Will Under Undue Influence - Dave Burns Law Office, LLC

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 - Dave Burns Law Office, LLC

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 stateâ… 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, wh… 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 has… 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 incapacit… Read More
Categories: Probate
Gavel in Probate Court

Minnesota Trust Law: When and How to Remove a Trustee

A trust is commonly an element of an estate plan. Trusts can be created independently of an estate plan as well. There are many different types. Some go into effect on the death of the person creating the trust.Others become effect immediately on sig… Read More
Categories: Litigation, Probate