Common Questions: Probate Disputes

The attorneys at Mason & Helmers receive many questions about probate disputes. Some of the more frequent questions are answered below, but please reach out if you have additional questions.

How do probate disputes arise?

There are a number of common scenarios that can lead to probate disputes:

• People get into a conflict over who is going to be the trustee, and thus have all the power.
• Family members become suspicious of a trustee who is not forthcoming and withholds information, leading to allegations of theft or other malfeasance.
• Predeath transfers of money or property are seen as an attempt to subvert the decedent’s wishes.
• Family members cannot agree who should receive a cherished heirloom.

How can probate disputes be resolved?

This depends on the exact circumstances. Sometimes alternative dispute resolution techniques such as mediation and arbitration can achieve the desired outcome. However, the firm always prepares for litigation, which is frequently necessary.

Should I take my case to court?

When considering legal action, it is important to weigh the costs against the potential benefits. Is your desired outcome worth the expense? From a financial perspective, it could be that the legal costs outweigh what you stand to gain from the will or trust. However, the personal aspects of the situation could tip the scales in the other direction.

I have more questions. Can I contact you?

Yes. Our lawyers are happy to discuss your situation and will offer a candid assessment of likely outcomes. Our office is in St. Paul, but we serve Minneapolis and the surrounding areas in greater Minnesota. Please reach out through our online form, or else call the office: 651-323-2548.