We are working remotely and all of us continue to be available by telephone or email. In alignment with national, state and local initiatives as it relates to the coronavirus, we remain open for business and have changed the way we are working for the health and well-being of our employees, and you, our valued clients and colleagues. Read more

Mason & Helmers
We Welcome Your Call
  • Phone 651-323-2548
  • Toll Free 877-389-5533

More on the dangers of not writing a will

This blog has frequently discussed how probate litigation is more likely when a deceased person in Saint Paul or another part of Minnesota dies without a will or other formal estate plan. Although in some rare cases dying without a will might not be important, in most cases one of several problems will rear its ugly head and, potentially, cause probate litigation

Some of the problems with dying without a will may be come immediately apparent. For instance, a person’s animals might not get the care that the person would have expected. Although less likely, this can even happen with a person’s minor children, as a will often has valuable information about whom a deceased person thought would be a good guardian. Funeral arrangements can also be a source of contention in the absence of specific direction. 

More importantly, though, family members will have every practical incentive to continue a probate battle simply because it is impossible to get inside the mind of someone who has died unless that person has left specific instructions. There will rarely be a “smoking gun” that settles an estate in which on will was ever written.  

Moreover, family members will often have reasons to get overly emotional about property or other estate matters.  Furthermore, without the guidance of a will, family members will often simply try to work things out among themselves, and during an emotionally stressful time like the time surrounding a loved one, old grudges and resentments can come to the forefront.

Despite all of this information, more than half of all Americans do not have a will. For Minnesota families, this means that there may come a day in which they will have to deal with a probate battle of some sort. Should litigation of an estate arise, it may be best for such families to seek the help of an experienced Minnesota probate litigation attorney. 

No Comments

Leave a comment
Comment Information

For Assistance with Estate Disputes & Other Matters, Contact Us

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.

*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review
rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Ratings™ fall into two categories — legal ability and general ethical standards.

Contact Our Attorneys

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Email Us For A Response
Mason & Helmers

Mason & Helmers
332 Minnesota Street
Suite W-3070
St. Paul, MN 55101

Toll Free: 877-389-5533
Phone: 651-323-2548
St. Paul Law Office Map