St. Paul Minnesota Probate And Estate Litigation Law Blog

Many Minnesota residents have taken the time to designate a power of attorney. But sometimes a person has the need to revoke a power of attorney. There are a few different ways a person can change or remove a designated power of attorney.

There are a few ways a power of attorney can be removed. First, there can be a date and time specified on a power of attorney. There are certain circumstances where a termination date is listed for a power of attorney that would void the document. The second way a power of attorney ends is if the principal dies. The third way a power of attorney can end is with written revocation. The principal needs to issue the written revocation and the power of attorney has to have actual knowledge of the revocation.

Even when a Minnesota resident plans his estate, problems may arise after their death. There are many reasons why an estate can run into a probate dispute and these often can lead to family distress.

Unfortunately, some Minnesota estates are not easily settled. There can be a dispute that arises after a person passes away. There are many reasons why an estate dispute can emerge. One is that there is a will contest among an heir. A will may not meet certain requirements, or more than one copy of a will exists. Undue influence is another reason why an estate dispute can occur. An heir can claim that the decedent was influenced by another person when they created their will or trust. Competence is another area for a probate dispute. A person can claim the decedent wasn't mentally competent when they created their will. A breach of fiduciary duty can be argued if a family believes an executor did not carry out their duty in the best interest of the beneficiaries. And finally, beneficiaries may argue that the assets are not being distributed in the way that the decedent intended.

Many Minnesota families understand the emotional trauma of a family conflict over a loved one's estate. No matter how well someone plans their estate, they cannot plan for an unexpected family squabble over it. An inheritance dispute can happen to any family and in these circumstances, hiring an attorney may be a good idea.

Estate planning professionals agree that one of the biggest threats to estate planning is family conflict. There are many situations in which family conflicts can occur in these times. There is an increase in divorce, blended families, children from multiple partners and situations in which one spouse is decades younger than the other. According to Ameriprise Financial, there are three factors that lead to inheritance issues. One is that heirs may have realistic expectations as to what they are going to receive in their inheritance. An heir may think they are going to receive much more than they really do which can lead to an estate dispute. Another factor that may arise with an estate is that there is lack of communication among heirs. Heirs report that they didn't know what they were going to receive which leads to confusion. The third factor that can arise is family drama surrounding the estate.

Despite how hard families may try, no Minnesota family is perfect. This can make for difficult estate planning for families who have issues in their family. Most parents want to give their children equal share of their estate, but when substance abuse is present it can lead to complications and probate litigation.

Having a child with a substance abuse is a heartbreaking situation for families. When it comes to estate planning, alcohol or drug abuse can cause problems. If a family makes the decision to not give the substance abuser any part of their estate, it can result in a will contest. Another problem that can occur is if parents leave the substance abuser's share of the estate to another sibling to disperse. This can also lead to many problems that may include creditor's taking the money that's designated for the substance abuser child to a divorce affecting the disbursement.