Assisting with preventing, or mitigating, probate litigation

On Behalf of | Oct 12, 2016 | Probate Litigation |

At our law firm we have assisted many Saint Paul, Minnesota, clients through probate litigation to achieve a successful result in a trial or a favorable settlement. However, at our law office we also know that it is often better when families are able to stay out of probate litigation altogether or, if that is not possible, when they are at least able to get the underlying issues resolved quickly.

While one of the best ways to prevent probate litigation is having a good estate plan, we attempt to assist parties who may be on the verge of either suing or getting sued even though the will or trust involved is comprehensive and well-written. Good communication is also important. For instance, if the parties involved understand exactly how the process works, they may feel less inclined to race to the courthouse right away.

Furthermore, a personal representative or executor has a critical role in preventing probate litigation. If the personal representative or executor manages the affairs of the state carefully and in a spirit of candor, it is less likely that an heir or other party will suspect wrongdoing and sue. If, on the other hand, the personal representative behaves in such a way that would tend to frighten or anger a creditor or heir, it is much more likely that the estate will be subject to a court dispute.

Our law firm attempts to use several different techniques to head off or at least defuse probate litigation. For example, our office has been able to suggest neutral personal representatives who might naturally be less likely to inflame the passions of quarreling parties.