Common reasons why an estate may wind up as a probate dispute

On Behalf of | Nov 30, 2018 | Probate Litigation |

Even when a Minnesota resident plans his estate, problems may arise after their death. There are many reasons why an estate can run into a probate dispute and these often can lead to family distress.

Unfortunately, some Minnesota estates are not easily settled. There can be a dispute that arises after a person passes away. There are many reasons why an estate dispute can emerge. One is that there is a will contest among an heir. A will may not meet certain requirements, or more than one copy of a will exists. Undue influence is another reason why an estate dispute can occur. An heir can claim that the decedent was influenced by another person when they created their will or trust. Competence is another area for a probate dispute. A person can claim the decedent wasn’t mentally competent when they created their will. A breach of fiduciary duty can be argued if a family believes an executor did not carry out their duty in the best interest of the beneficiaries. And finally, beneficiaries may argue that the assets are not being distributed in the way that the decedent intended.

Unfortunately, probate disputes can happen to an estate in Minnesota. When a family member feels like a loved one’s estate is not correct, they may want to speak with a legal professional who is skilled in probate disputes. An attorney can review their client’s disagreement regarding their loved one’s estate and help them work through their differences using mediation techniques. Using an attorney to help settle an estate can be helpful in ensuring a family does not suffer long-term estrangement and hurt feelings.

A family who is going through an estate dispute can feel like their opinions may not matter or are being ignored. In these situations it is best to have an attorney who is familiar with probate disputes to take a look at their client’s concerns.