» Probate
Recovery of Attorney’s Fees in Trust Litigation
September 17th, 2019
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…
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When Can Minnesota Court Remove the Personal Representative of an Estate?
July 3rd, 2019
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…
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Minnesota Court Review of Misconduct by an Agent under a Power of Attorney
June 7th, 2019
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…
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5 Things To Consider Before Suing a Family Member Over an Estate Dispute
May 9th, 2019
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…
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Power of Attorney Litigation in Minnesota
March 7th, 2019
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…
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What Is the Time Limit for Challenging the Validity of a Revocable Trust in Minnesota?
February 14th, 2019
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…
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Challenging a Will Based On Lack of Capacity of the Testator
October 30th, 2018
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…
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Modification or Termination of Noncharitable Irrevocable Trusts in Minnesota
September 13th, 2018
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…
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Categories: Probate
Creditor Disputes in Estate Administration
August 10th, 2018
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…
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Categories: Probate
Understanding the Prohibition Against Trustee Self-Dealing
June 15th, 2018
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-…
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