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.
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.
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.
As this blog has stated before, personal representatives in Minnesota have the difficult job of managing a deceased person's estate, a process that can take considerable time and effort between learning about and gathering a person's assets.
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.
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.
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.
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.
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.
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.