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Probate Litigation Archives

How does the value of a lawsuit affect probate issues?

The last several posts on this blog have discussed probate litigation issues that can 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 that the deceased person's heirs ultimately receive, as creditors are generally first in line to get paid.

Helping families resolve estate legal disputes with creditors

As last week's post on this blog discussed, sometimes time-consuming and costly probate litigation is not caused by internal strife among Minnesota families. Instead, the legal disputes involve an aggressive creditor who claims that the person who died owed the creditor money.

Planning can prevent later estate litigation

It is now the season of family gatherings, holiday parties, and spending time with loved ones. In fact, readers of this Minnesota probate and estate administration law blog may be in the process of traveling to or from get-togethers with their friends and relatives. For many Minnesota families, the holidays are the only time of year when they are with all of their parents, siblings, and other important connections. Though it may not sound like a lot of fun, the holidays can be a good time to discuss estate planning with one's parents and siblings.

Other forms of Minnesota dispute resolution

Last week's post talked about how a mediation would work should family members or friends find themselves facing a legal dispute about a loved one's estate. For the right types of probate disputes, mediation can be a cost-effective way of resolving a legal problem quickly and putting a family on the road to reconciliation.

How does a mediation work?

In at least one prior post, this blog has mentioned that in some cases, it may be advantageous for a Saint Paul, Minnesota, resident who is facing a will conflict or other court battle over a probate matter to try to use medication as a way of resolving the case. In the right types of case, mediation can get a dispute solved without a person having to devote a lot of time and expense to protracted and stressful litigation.

We'll look at the 'small' cases too

Last week's post discussed what happens in cases where a person leaves only little property for his or her estate to distribute. When people own less than $50,000 in personal property in their individual names, a probate proceeding may be unnecessary, so long as the person also does not own real estate.

When is probate not necessary in Minnesota?

When most Minnesota residents die, their loved ones will have to open a probate proceeding, if for no another reason than to sell a person's home or handle a few pieces of personal property. However, in some cases, a probate proceeding is not necessary, and family members and friends can simply divide up property among themselves.

Legal dispute threatens 'Tortilla King's' fortune

The death of the founder of Gruma Corp., a corporation which manufactures different brands of tortillas that can be found in St. Paul, Minnesota homes, has left his loved ones fighting for control over his billions of dollars. Although the businessman died in 2012, his legal wife and children continue their probate battle with the businessman's female companion, a famous Mexican singer and actress. The companion claims that she legally married the businessman and has a right to her share in his fortune. Not surprisingly, the man's legal wife and children dispute this claim.

What are the legal powers in conservatorships?

In Minnesota, there are times when it is necessary for a person to be named a conservator of another person for the person's protection. There can be a number of reasons for this. It is important to understand the state law and what the conservator's legal role is. This is important in the event that others believe that there might be fraud or undue influence being perpetrated by the conservator. When this occurs, it is the foundation for a legal dispute.

For Assistance with Estate Disputes & Other Matters, Contact Us

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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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