Mason & Helmers
We Welcome Your Call
Phone: 651-323-2548 Toll-Free: 877-389-5533
Menu Contact
Probate and Estate Litigation Blog

Heirs & Beneficiaries Archives

What to do if your spouse leaves you out of the will

It can be a shock to learn that your spouse did not include in his or her will. Finding out that you have been left nothing can be quite devastating, especially if your spouse was the main wage earner. If you find yourself in this situation in Minnesota, is there anything you can do?

What are omitted children in Minnesota wills?

Most Minnesota residents understand that when they die, their property is passed to individuals related to them who are called heirs. These individuals can take the property of the deceased individual either based on a statute the state has set up to govern such cases, a process called intestacy, or based upon a last will and testament that has been written by the deceased according to some formal procedures.

IRA trusts protect heirs

Sometimes, limits should be placed on property going to heirs and beneficiaries. Providing an heir with unlimited access to an inherited individual retirement account may be unwise if the heir has debt or money management problems. Naming an IRA trust as a beneficiary may eliminate some inheritance problems, particularly with larger IRAs.

Heirs unprepared for wealth transfer

The composition of families of the baby boomer generation have been less traditional, due to more couples entering into second marriages or living together without getting married. A recent report from BMO Wealth Management found this could greatly complicate asset distribution to heirs and beneficiaries after a parent's death. For families in Minnesota, this could lead to more legal wrangling.

Fight over estate may be at an end

Court battles over a frozen food magnate's estate that spanned from Minnesota to Florida over a period of 5 years and cost millions of dollars may be at an end. Heirs and beneficiaries fighting over Jeno and Lois Paulucci's estate may have reached a potential settlement that could end this litigation.

What does a trustee's duty of impartiality entail?

Among other obligations, a Minnesota trustee has a legal duty to deal impartially with each and every beneficiary of a Minnesota trust, meaning that all people or organizations that stand to benefit financially from the trust have to be treated equitably. While this duty does not always mean that different beneficiaries will get perfectly equal treatment or the treatment that they personally feel is best, the duty does mean that the trustee has to avoid flagrantly promoting the interests of one beneficiary at the expense of another. This could occur by keeping one beneficiary out of the loop as to what is going on with the financial affairs of the trust.

Do I have the right to contest my father's will?

If you have a parent or loved one who has passed away, the stress of the situation may minimize some of the legal proceedings that will take place. One of these, however, is the review and execution of the will. You may find that it has been unexpectedly altered prior to your father's passing to hand over the majority of his estate to one of his nurses or a sibling. In such a situation, you will naturally want to seek recourse. If you are considering contesting the will, there are a few things you should know first.

Office Location

Mason & Helmers
First National Bank Building
332 Minnesota Street, Suite W-3070
St. Paul, MN 55101

Toll Free: 877-389-5533
Phone: 651-323-2548
Map & Directions