Minnesota Probate Litigation Lawyers
Probate litigation does not always result in financial benefits to the heirs or beneficiaries in the long run. Probate litigation is expensive, can lead to hard feelings among siblings, and can delay the final distribution of assets. At the St. Paul law firm, Rodney J. Mason, Ltd., Mr. Mason and Ms. Boes advise clients about the best ways to avoid probate litigation.
Reducing the Likelihood and Extent of Probate Litigation — the Basics
Will contests and fiduciary litigation are types of probate litigation that can sometimes be avoided or reduced in scope if a will is properly drafted and constructed. An important consideration is to name the right personal representative (PR). Sometimes that means choosing someone who has no financial interest in the estate. The existence of second families or spouses is another common issue; when children of a first marriage are eclipsed by the second family, probate litigation is common. Another issue involves elderly parents who give money to a child to pay for the parents' care when there are other children who may have an interest in the estate.
Another way to avoid disputes is to be sure that all involved understand the probate process correctly. Additionally, personal representatives or executors can help prevent conflicts if they refrain from antagonizing heirs, family members and creditors.
When Probate Litigation Cannot be Avoided
Our lawyers recommend that people consult with an experienced probate litigation attorney during the estate planning process to avoid common problems. The factors that drive probate disputes frequently center on family dynamics and frictions which span decades. We also recommend that when disputes arise, people try to work it out through alternative dispute resolution techniques such as mediation or arbitration. Finally, we suggest that people ensure that potential beneficiaries and family members understand the provisions of the will before they die. This prevents surprises — surprises that may lead to probate litigation.
Common Issues in Probate Litigation
The attorneys at Rodney J. Mason, Ltd. handle all types of probate litigation including:
- Will contests
- Emotional and psychological aspects of probate litigation
- Removal of fiduciaries, personal representatives or executors
- Problems arising from disposition of business assets
- Issues related to non-traditional families
- Issues related to adopted children
- Rights of spouses or other heirs who have been left out of the will or left less than expected
Because of their experience in matters such as these, the firm's attorneys are well-positioned to advise clients about the best ways to avoid probate litigation and wind up an estate as smoothly as is possible under the circumstances.
Contact Us
To learn more about the causes of probate litigation, contact Rodney J. Mason, Ltd. The firm's attorneys serve clients in the Minneapolis-St. Paul area and beyond in probate matters. Call 651-323-2548 or 877-389-5533 (toll free) to set up an appointment. Spanish- and German-speaking clients are encouraged to call.
