When a person dies, their estate is left to whomever was mentioned in their estate plan. But, sometimes, it does not go as simply as one would expect. In situations where there are multiple marriages and children, large amounts of money and property, and other complicated matters, a person's estate may not be settled easily. An estate dispute is common and may require probate litigation.
There is a lot of misinformation about probate, and many people might have the impression that they should avoid the process at all costs. In fact, it is a process that can help ensure the wishes of a loved one are fulfilled when a will is challenged or issues are present when an estate plan is executed.
We often take steps to protect ourselves and those we love. This is often the premise for estate planning. We take the time to draft specific documents with the intent to communicate our wishes at the end of our life and after our passing. With certain estate planning documents, it is possible to avoid the probate process; however, this is not always the case. Because it is not always possible to avoid probate, our heirs might have to endure this process after our passing.
When a loved one dies, they usually leave some assets for their heirs. Many times, these assets are addressed in a will or trust and the estate is settled. But, occasionally there is an estate dispute among the heirs and beneficiaries that needs to be addressed. In these emotional situations, mediation may be a good option.
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.
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.
Minnesota residents are lucky to live in a state with a high number of cabin owners. Going "up north" is a common occurrence throughout the year, with many families owning a vacation home. These cabins are often passed from generation to generation, but there can be complications that arise as well.
Many families in Minnesota are on their second or third (or more) marriage. With subsequent marriages come larger families, including stepchildren. These situations can often lead to sticky situations that cause estate disputes.
Some Minnesota families understand the turmoil that an estate in limbo can bring to a family. When a loved one dies, a family is often caught up in grief which is understandable. But, when a loved one's estate is being contested, it can be a major disruption.