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Probate and Estate Litigation Blog

March 2016 Archives

Assisted suicide bill surfaces in Minnesota

Currently legal in five states, the controversial issue of assisted suicide has been brought to the forefront of Minnesotans' minds as the Compassionate Care Act, which could potentially legalize assisted suicide, was recently heard in the state Senate. The bill would allow patients with a prognosis of less than six months to be prescribed a lethal prescription, ending their life instead of dying through the natural progression of their disease.

Nonjudicial settlement agreements in Minnesota

One of the benefits that trusts offer when compared to other estate planning documents is the possibility of entering what Minnesota law calls a "nonjudicial settlement agreement." When two or more parties have a trust dispute or even just want to memorialize their agreement about certain aspects of trust administration for a particular trust, they can use this type of agreement in lieu of having to go through a court in order to get a settlement.

We can help handle disputes over charitable bequests

A recent post on this blog discussed how a Minnesota resident's desire to leave money to a charity in his or her will or trust documents can backfire and lead to probate litigation. For example, sometimes the other heirs feel that the charity is granted too large of a share of the estate. At other times, a charity itself will sue an estate if it does not get what it feels it deserves under the terms of the will or trust. While this might seem greedy, in fact charities often count on such bequests in order to keep their operations running.

How do I put value on a work of art in Minnesota?

This blog has on previous occasions discussed how Minnesota residents can go about placing a dollar value on items that can prove difficult to price. Estate valuation can be a touchy subject during the probate process precisely because some of the most valuable items in an estate do not have an obvious price upon which all parties would agree. This scenario leaves plenty of room for argument and litigation.

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