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Probate and Estate Litigation Blog

July 2015 Archives

The responsibilities of a conservator in Minnesota

There are certain legal terms in Minnesota when it comes to inheritance that an heir might not fully understand. This doesn't imply that the word itself is confusing, but the duties of a person whose responsibility it is to function as a conservator are not entirely clear. What are the steps that must be taken to perform the tasks in an aboveboard fashion? There are certain rules that a conservator must follow on an annual basis to adhere to the responsibilities.

What are the legal powers in conservatorships?

In Minnesota, there are times when it is necessary for a person to be named a conservator of another person for the person's protection. There can be a number of reasons for this. It is important to understand the state law and what the conservator's legal role is. This is important in the event that others believe that there might be fraud or undue influence being perpetrated by the conservator. When this occurs, it is the foundation for a legal dispute.

When is mediation a good alternative in a probate dispute?

As this blog has mentioned many times, probate disputes are oftentimes costly both in terms of legal fees and in terms of time and emotional stress. For Minnesota families involved in probate litigation, it is usually important that the case get resolved quickly and efficiently. In some situations, an expensive, protracted case can amount to a de facto legal defeat for a family, even if the family technically wins the case in court.

Homemade wills can lead to probate litigation

Many Minnesotans may have seen or heard about kits that walk a person through the drafting of a will. While it is certainly one's personal choice whether or not to use these sorts of products, the resident of Saint Paul should be aware of the fact that homemade wills, even if the they save money upfront, can cause expensive will litigation down the road.

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