St Paul Probate and Estate Litigation Blog

When a person dies it can be an emotional time for a family. Many people have taken the time to create an estate plan to help establish where their assets will go after they pass. But sometimes things don't go as planned and a will or trust is contested. Or a person dies without an estate plan and a family has disagreements as to what should happen to the assets. Legal disputes are still occurring for the estate of musician James Brown over 12 years after his death.

Soul musician, James Brown, passed away on Christmas Day in 2006, leaving behind millions of dollars in assets and a prolific music catalog. His family is still disputing his estate. One of the main disputes is whether Mr. Brown had a surviving spouse at the time of his death. He had married Tomi Rae Hynie in 2001, but she may have still been married at the time to another man. If this is the case, her marriage to Mr. Brown is not legal under South Carolina law. But, the man she may have been married to also appears to have been married to three other women in Pakistan, although this has not been proven. Because of the validity of the marriage to Mr. Brown, his estate is still in limbo. In addition, his will was written before his marriage to Hynie and does not include her. She has claimed an elective share of 1/3 of his estate. His children and grandchildren are disputing her claims and any settlement that includes her. The South Carolina Court of Appeals has found her to be the valid spouse but it is expected that the heirs will take this to the South Carolina Supreme Court. In addition, some of his children dispute the paternity of James Brown II and whether he really is the son of James Brown. The heirs of his estate are also in court in California over who will have control over his vast music catalog.

If you have an aging parent, you may have questions and concerns about what will happen to his or her estate. You may especially have worries if you suspect someone is manipulating your parent. The person you think may be exploiting your parent may be a romantic interest, family member or friend.

Someone your parent loves and trusts may use that power to unfairly influence the estate plan. If you think your mom or dad is the victim of pressure or persuasion to do something that is not in his or her best interests, you may need to take legal action. To help you determine whether there is something fishy going on, here are some warning signs of undue influence. 

The population of aging Minnesotans is growing, and along with an aging population comes the worry of abuse. There are many unsavory people out there who prey on older Minnesotans. Elder financial abuse continues to be a major problem but there are ways for families to avoid abuse.

It is estimated that up to 10 percent of senior citizens will be the victim of financial abuse. One way to help a loved one not become a victim of abuse is to communicate with them on a consistent basis. It is important to check on their health and activities, along with their spending habits. Continue to remind them to shred receipts, bills and account statements and to not open unknown emails, give out their Social Security Number, etc. If a loved one hires outside help, it can be helpful to be involved in the process.

Specifying a Minnesota power of attorney is one of the most important estate planning activities a person should do. A power of attorney has the job because it allows someone the ability to act on behalf of an incapacitated or deceased person. There is either a medical power of attorney who is charge of a person's medical treatments or a financial power of attorney who has financial power, including opening and closing bank accounts, paying bills, cashing checks, etc. Both of these tasks require the power of attorney to act on the best interest of their principal.

When a parent names one of their children to be their power of attorney, it can cause problems among the other children who may feel left out. Siblings may feel distrust among the other siblings, and they may also not agree with the choices that are made. There are certain things a family should know about a power of attorney designation.