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Probate Litigation Archives

Helping our clients effectively challenge a will

Last week's post on this blog discussed in general the various legal reasons that families or other interested parties may have for challenging a will. Legal reasons aside, there are also emotional reasons that family members engage in will contests, even when doing so involves suing one's own relatives.

Artist's family continues court battle

The family of a famous artist who succumbed to the effects of a stoke and cancer last year is now in the midst of a court battle in which they are challenging a will that they say does not truly reflect their mother's intentions. Because this artist is nationally known, both in her own right and as part of a family of distinguished Native American artists, some residents of Rochester, Minnesota, may have heard of her.

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.

Update on court battle involving media mogul

Our Minnesota readers may remember that several weeks ago, this blog reported on a developing court battle involving a media mogul, who is over 90, and his former girlfriend. The former girlfriend, 40 years the man's junior, was acting as the businessman's health care representative and monitoring his care.

Assistance in navigating the probate process

As last week's post discussed, being a personal representative in Minnesota carries with it a lot of responsibility and exposes the personal representative to a lot of potential pitfalls. Many of the probate mistakes discussed last week are not uncommon, nor are they entirely beyond the pale of reasonableness. Many personal representatives who are only acting in good faith can easily make a bad investment decision, or, in an effort to be nice or even responsible, inadvertently mishandle estate property.

How does estate valuation change based on a lawsuit?

The last several posts on this blog have discussed possible legal issues that arise when a creditor attempts to assert a claim against a Minnesota estate. Depending on the size of the estate, a creditor's claim can have a huge impact on how much of an inheritance surviving family members ultimately receive, as creditors are generally first in line to get paid.

Will contests: Understanding the basics

When men and women become concerned about how the people they love in life will be cared for and how the assets they have cultivated in life will be distributed after their death, they may execute a will. A will may be carefully drawn up in an attorney's office or scribbled on the back of a napkin. And although the individual who has created the will may intend for the document to have a completely binding legal effect, the individual's loved ones may find themselves disputing its creation, contents or practical consequences in the wake of the individual's death.

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.

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Mason & Helmers

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

Toll Free: 877-389-5533
Phone: 651-323-2548
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