While wills can only be contested for certain reasons, they also can only be contested by certain people. Generally, only those who could be personally or financially affected by the will have the legal standing to file a will contest.
Who can contest a will?
A personal representative, sometimes called an executor, is someone that the decedent chose, or who the court appointed, to settle his or her estate based on the directions in his or her will. This person is one of several fiduciaries that could be associated with the estate.
Almost anyone can be named a personal representative, but typically people choose spouses, siblings or children. Minnesota only requires that the personal representative is at least 18 years old and of sound mind. Due to the responsibilities expected of a personal representative, it is often prudent that the personal representative is also organized, adept in communication and located near most of the assets.
Losing a loved one is hard. It is particularly difficult when you suspect his or her wishes are not being respected. This happens if your loved one's will seems to have been tampered with.
However, proving your loved one's will is invalid can be difficult. Here are four reasons a court may decide a will is not legally binding.
Disagreements between members of blended families can go on subtly for years. Often there is one family member who glues the others together as a family, and when that person dies, the smoldering disagreements can escalate into probate litigation. Stepmothers and their stepchildren may be especially prone to disagreements when it comes to the estate of the family's patriarch.
A news article on the subject suggests that short marriages may be partially to blame for this phenomenon. When short marriages affect long-term estate plans, the possibility of undue influence seems possible, especially when the estate plan favors the children's stepmother. Other potential factors in this phenomenon include the stepmother favoring her own children, disagreements about where the deceased's body will rest, and important information about final arrangements being hidden.
Paul Allen, co-founder of Microsoft, passed away recently. Allen leaves no spouse or children to inherit his vast $26 billion fortune and considerable assets. This leaves the question of which individuals and what companies may inherit the Allen estate.
Allen's success began in 1975 when he and Bill Gates founded the software juggernaut Microsoft in Gates' garage in Albuquerque. In the years since, Allen built significant success in real estate, venture capital, professional sports teams, philanthropic ventures and other endeavors.
In Minnesota, there can be estate situations in which a person wants to leave their spouse out of their will or other uncommon events. When this occurs, it is important that estate documents are drawn up correctly or there can be many complications among heirs.
Although it is uncommon, there are situations in which a person would want to disinherit their spouse. Disinheriting a spouse is not always because the spouses do not get along, but can be for financial reasons as well. A person may feel like their spouse has enough assets in their own name and a person would rather give the assets to other people. Or, a person wants to avoid an influx of estate taxes that could happen if their spouse's estate gets too large.
Many Minnesota residents have taken the time to create a will that passes their assets to their family members. Most of the time, the assets are distributed evenly among siblings, but occasionally a person distributes their assets in a different way. If siblings do not receive an equal portion of the assets, an estate may face a legal challenge.
When siblings do not receive an equal portion of their parent's will, especially if it's unexpected, they can feel like something happened that shouldn't have with their parent's estate. A sibling can feel like it's unfair that they didn't receive something they were expecting. In this situation, siblings may find that they need to challenge the will.
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 puts in a lot of thought, time and careful planning into their estate plan, something can still go wrong. Family members sometimes do not agree on certain aspects of a trust. There can be sibling rivalries, second marriages, and problems with in-laws that are unexpected and cause a trust dispute.
When there are disagreements surrounding a trust, it can be an emotionally stressful time for a family. There are several reasons why a trust can be disputed. One is that a person alleges that a trustee did not manage the trust properly. Or there can be disagreements among the trustees as to how the trust should be administered. Another common dispute is between beneficiaries and what they are receiving from the trust. Or a person may challenge whether the person who created the trust was competent at the time or if there was undue influence in creating the trust. Beneficiaries may also want enforcement of a trustee responsibility, including accounting of the trust.
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.
To learn more about the firm and how we can assist you,
contact Mason & Helmers in St. Paul, Minnesota. Call 651-323-2548 or 877-389-5533 (toll free) to set up an appointment.
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