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Probate and Estate Litigation Blog

Probate Litigation Archives

What is an incapacitated person?

Estate planning often has many nuances based on family specifics. Each family is different, and there can be many issues that families run into based on the timing of their estate planning and family dynamics. There are times when a person's mental capacity may be questioned, including if there is a valid will, but in the State of Minnesota, what is an incapacitated person?

How can you gain guardianship of an elderly person?

Sometimes things happen that are beyond our control. Individuals who have a loved one who is no longer able to take care of themselves may feel that things are out of their control. If this occurs, Minnesota families may need to take legal action in the form of probate litigation to become a guardian of their elderly loved one, which could give them back their sense of control.

How to challenge a will

It is not uncommon for people in St. Paul to feel blindsided by the wills of their deceased relatives and loved ones. There are many reasons why you may take issue with your inheritance. If you are receiving an inheritance that doesn't seem right or you do not agree with an inheritance someone else is receiving, you should learn how to contest a will. This can help you to avoid unnecessary distress and conflict with your relatives.

What is the duty of an estate conservator?

There are many reasons why an estate may need a conservator. A conservator has a very important role to play in the life of a vulnerable person, so it is important for Minnesota residents to know what their duties are. This is especially important because probate litigation may be necessary if a conservator is found to not be doing their job.

How does estate planning impact digital assets?

Even for those Minnesotans who have tried to avoid it, almost everyone has some kind of digital presence whether it be email, online photo storage, or social media. These are important assets that can be easily missed when creating an estate plan and can cause issues during probate litigation.

Court battle over estate may be coming to a head

A court battle over an estate pending in one of Minnesota's neighboring jurisdictions has taken a rather mysterious turn, as a judge disclosed what he called "explosive" news to several attorneys involved in the litigation, but then ordered the information kept under seal, that is, secret from the general public. The issue revolves around the ownership of a packing company, a family business founded by a now deceased entrepreneur. It seems from a series of estate planning documents, including wills, corporations, and trusts, that the man wanted one of his daughters to run the business after he died.

Estate litigation and when a will can be revoked

When a Minnesota resident writes a will, it is an unfortunate reality that estate litigation can sometimes arise with a will contest as part of a legal dispute. Understanding what the law says about the revocation of a will by writing or act is a key factor in knowing whether or not the will a testator crafted is valid. There are certain instances in which a will can be revoked in full or in part.

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