St Paul Probate and Estate Litigation Blog

Choosing the executor of a will is a big decision to make. The person writing the will needs to select someone who is financially responsible and trustworthy. It can be difficult to find someone willing to take on such a responsibility, which is why the American Bar Association makes the case for hiring a paid executor. 

If someone asks you to be an executor, you should know how highly the person views you. It is truly an honor, but it does come with many responsibilities. Perhaps you do not have the time or energy to devote to being an executor. There is a process for removing yourself from that title, and you want to ensure you do everything accurately. 

When a person sets up their estate plan, they usually name beneficiaries. Beneficiaries can be anyone but are usually close family members. However, when a person doesn't have a family to leave their assets to, they can name organizations and friends as beneficiaries. In the case of 'Frasier' dad, John Mahoney, there were dozens of beneficiaries named.

The dad in the hit TV show 'Fraser' died in February. His estate is worth more than $5 million and there appear to be at least 38 beneficiaries. John Mahoney never married and didn't have children but left his estate to his extended family and friends. With such a long list of beneficiaries, the probate process can become complicated. Before the assets are distributed, the estate's debts need to be covered, including funeral costs. Beneficiaries may also be asked to sign a statement saying they accept the amount they receive, which can protect the executor in the future against claims that a beneficiary did not receive the right amount of assets.

Not everyone can contest a will and it cannot be contested in all circumstances. If you want to contest a will, it is helpful to know who can contest it and when it can be contested. Because the laws concerning probate litigation can be complex and technical, it is helpful to be familiar with them. According to probate laws, only those who have an interest in the will can challenge it for valid legal reasons. Interested persons generally include children, heirs, devisees, spouses, creditors and others who may have a property right or claim against the estate.

There are generally three categories of people who can challenge a will: beneficiaries of a prior will, if there is a claim of multiple wills; beneficiaries of a subsequent will, if there is a claim of multiple wills; and those who claim there were intestate errors. The first consideration to evaluate when considering a will contest is if the party contesting the will has standing. To have standing to contest a will, the individual must be someone named on the face of the will, a beneficiary, or an individual who is not a beneficiary but who would inherit if the will were deemed invalid.

You may recognize that retirement plans and insurance policies do not receive quite the same treatment as wills when someone dies. In fact, while a will may have to go through probate, an insurance policy or retirement plan might avoid court scrutiny.

If you are in a situation where you believe that your loved one had outdated or wrong beneficiaries on the policy, is it possible for you to contest the beneficiaries? The answer is that in some situations, it is possible, but you will likely have to go through mediation, arbitration or court. Something such as writing to the insurance company and explaining the situation is insufficient.