Many Minnesota residents work hard to earn their money and leave a legacy for generations to come. Most of the time, this money is passed to the next generation without incident. But, occasionally, money goes missing, leaving families wondering what happened.
Not everyone can contest a will and it cannot be contested in all circumstances. If you want to contest a will, it is helpful to know who can contest it and when it can be contested. Because the laws concerning probate litigation can be complex and technical, it is helpful to be familiar with them. According to probate laws, only those who have an interest in the will can challenge it for valid legal reasons. Interested persons generally include children, heirs, devisees, spouses, creditors and others who may have a property right or claim against the estate.
Most of the time when a Minnesotan receives an inheritance they are happy and grateful for it. But, occasionally a person does not want to accept an inheritance. Is it possible, then, to disclaim an inheritance?
You may recognize that retirement plans and insurance policies do not receive quite the same treatment as wills when someone dies. In fact, while a will may have to go through probate, an insurance policy or retirement plan might avoid court scrutiny.
When a family sets up a trust for their children or grandchildren, they include terms for distribution of assets. A trustee is a person who in charge of the trust and the distribution of assets. But, there are times when a trustee does not make a distribution according to the terms of the trust.
When a person creates a will, they expect it will be followed upon their death. Most of the time this is the case, but, occasionally, a will contest occurs and probate litigation becomes necessary. A more extreme case of this occurred recently.