St. Paul Minnesota Probate And Estate Litigation Law Blog

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.

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.

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 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.