St. Paul Minnesota Probate And Estate Litigation Law Blog

Estate disputes rarely arise out of the ether. Typically, there are indications that all may not be aboveboard with a family member in the months or even years prior to their death.

Sometimes, a protracted and expensive legal battle can be averted if you tune in to what is going on with your elderly family member. Particularly, you should take note of who spends the most time around them and who may be influencing the decisions that they have made or are contemplating making. Below are some signs that a family member may be susceptible to undue influence regarding their will or estate.

Losing someone you love is never easy, but it can be particularly difficult when you believe that other people intend to subvert your loved one's wishes and cut you out of the estate. Family conflicts often arise during the administration of large estates.

People whom you have known and trusted your entire life can behave in uncharacteristically greedy, selfish or cruel manners when a large amount of money is on the line. Some people, including children or spouses who serve as caretakers, may go so far as pressuring someone in their final years to remove other beneficiaries from their estate plan for their own personal gain.

When a Minnesota resident leaves behind a large and complex estate, the process of settling the assets often goes through formal probate. One of the first steps is the appointment of a personal representative who then becomes responsible for the estate’s administration.

Once appointed, the personal representative must collect and inventory the estate’s assets, pay the bills, repay outstanding debts and maintain the estate’s value. A good representative will work in an orderly and transparent fashion. On the other hand, a bad representative can significantly reduce the estate’s value. In such a case, someone with an interest in the estate may want to call for the representative's removal.

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.