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Probate and Estate Litigation Blog

November 2016 Archives

How is diminished capacity established in a will contestment?

There is a range of circumstances that can lead up to the contestment of a will. Significant alterations, disinheritance of children or relatives and other unusual circumstances will at least raise eyebrows, and in some cases, lead to contestment. One of the most common arguments offered in support is that the decedent's diminished capacity was exploited. These are the criteria that constitute diminished capacity.

We're on top of the new Minnesota trust laws

A recent post on this blog discussed Minnesota's new trust laws that have been in effect for about a year now. While many of these laws are somewhat technical in nature, others will impact the way Minnesota trusts are administered and litigated, in very basic and broadly reaching ways.

Overview of Minnesota's new trust laws

For almost a year now, trusts being administered in Minnesota have been governed by a new set of laws that had been in the works for several years now. The revisions were meant primarily to update Minnesota's laws related to trusts, as well as trust administration, to account for modern circumstances. They also bring Minnesota's law in to greater harmony with other states following some or all of the Uniform Trust Code.

The value of an estate matters in business succession

This blog has discussed in previous posts the complexity and importance of putting a value on the stock in a privately held family business. The issue of how much a business is worth can become especially important when there is a legal dispute over business succession.

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