St Paul Probate and Estate Litigation Blog

Many Minnesota residents own their own business. Small businesses make up an important part of the Minnesota economy. While some businesses have been in the same family for generations, every small business owner works hard to ensure their business succeeds. When it comes time for the business to pass to the next generation, probate litigation can arise.

A family business is formed by hard work and lots of time. Many who own their own business want it to succeed for generations to come. Even if there was careful planning with business succession, problems can still arise. Our law firm understands the issues that may surround the inheritance of a family business.

No matter how well a Minnesotan may plan, an inheritance dispute can occur to just about anyone. Even the best laid out plan can fail. These disputes are emotional and can result in families broken apart forever.

Even if there is very little money involved in an inheritance, someone may feel like there is a problem with the inheritance process. One common dispute is when someone feels like they should not have been left out of a will. This can happen if an estate plan was not kept current or if there were family circumstances that had changed. These may include births, divorces, marriages, deaths, etc. The dispute can also be the result of poor communication among family members. Another cause of an inheritance dispute is when one inheritance recipient believes they did not receive their fair share. One person may feel like they did not receive what they were entitled to receive after helping more with a parent at the end of their life. A child may have received a significant loan from a parent that had not been re-payed. In these situations an individual may feel like they are not being treated fairly, fueling a disagreement.

Elderly financial abuse is common and fraud or undue influence can seriously affect a person's financial affairs. It seems as if there are news story about an elderly person who has been taken advantage of quite frequently. Even if a family thinks it will never happen to their loved one, you just never know.

Although anyone can be a victim of elderly financial abuse, there are certain things a family can do to help prevent it from occurring. First, a person should shred old receipts, bank statements, investment statements, and unused credit card offers. If other people will be in the home, like workers or strangers, checkbooks and financial statements should be locked up or put out of sight.

Probate dispute attorneys in Minnesota understand that probate litigation not only has financial consequences, but can also have psychological consequences for those who are involved as well. A will or trust can often lead to many emotional fallouts for families.

The emotional weight of an inheritance can be hard for individuals to receive. Children may already be grieving the loss of their parent, and the additional stress of the inheritance can be great. When there is an estate dispute, especially among siblings, it can be an emotional affair. Sibling rivalries can be reawakened with arguments over who receives which item. One may think they deserve more than the other recipients based on the care they gave to the benefactor. This can lead to frustration and bitterness among beneficiaries because of perceived shortcomings with what they receive.