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Probate and Estate Litigation Blog

How attorneys can help when "competency" is at issue

Last week's post discussed how a Minnesota resident can, even if not able to handle his or her day-to-day affairs, can still be considered legally "competent" to write or revise a will. The implications of this are significant. In effect, a person may not have the ability to make a personal or business decision involving a few dollars but may be perfectly able to wipe a person's hope of a large inheritance.

Needless to say, a will contest can begin in situations where a person's competency has been questioned in other respects. It might not be easy for a disgruntled heir to understand how his or her loved one needed help with the most basic of care but still somehow managed to write a document disposing of thousands or even millions of dollars.

Although our office cannot guarantee particular results in individual cases, our St. Paul law firm has over 30 years' overall experience and has considerable experience in probate litigation. Our office has represented both heirs who were challenging a will and estates who were trying to defend a will's validity. In all cases, we use our experience to help people get the best result possible under the facts.

A good attorney understands the impact that probate litigation cases can have on a family. For example, a person could theoretically "win" a probate battle but spend thousands in attorney fees. Also, a win can come at the expense of ruined family relationships and great emotional distress. While we are fully prepared to try cases, we also try to facilitate a fast and fair settlement if that is in our client's best interests. Follow the link to learn more on the process of contesting a will.

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