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Probate and Estate Litigation Blog

Probate litigation explained

Minnesota residents understand the importance of having an estate plan. These documents can ensure that a person's assets are distributed as they wish upon their death. But, occasionally a person's will can be challenged in court. This is referred to as probate litigation.

When a person dies with a will in place, they help their family tremendously by communicating how they want their assets distributed. But, sometimes family members believe that the will should be contested. This is considered probate litigation and there are various reasons why this may happen. Some of the most common reasons include: some beneficiaries are not given an inventory of the decedent's property; one beneficiary receives full benefits, which leaves others with nothing; a beneficiary believes the decedent was influenced when writing the will; the beneficiaries do not agree with the choice of guardians; and disputes over who can be the personal representative of the estate.

A probate dispute often causes stress among family members. A legal professional who specializes in probate disputes can help a family work through its disagreements. An attorney uses various techniques in arbitration, mediation and litigation, if necessary. An attorney understands how important these issues are to families and works hard to make sure their client and their interests are well-represented. Probate disputes can be stressful and emotional, so having an attorney who can offer creative solutions to these problems is important. These issues can divide a family, which is why an attorney has their clients best interests in mind.

Probate litigation is sometimes unavoidable in families. Having an attorney work through the intricacies of these cases is important in helping to maintain a family's legacy.

Source:, "What Is Probate Litigation?," Dec. 27, 2010

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