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Probate litigation can be a complex process, especially when disputes arise over the validity of a will. In Minnesota, undue influence and duress are two common grounds for challenging a will. While these terms may seem similar, they have distinct meanings and...
Probate litigation can be a daunting prospect for many individuals. After all, the probate process is often shrouded in misinformation. An individual's first step is to learn more about what issues people typically have with probate litigation. Myth 1: Probate...
When someone passes away, their estate goes through the legal process formally known as probate. During probate, the deceased's assets pass on to beneficiaries according to their will or, in the absence of a will, according to state laws. However, probate proceedings...
Getting an estate plan together is no easy feat. If you already have one in place, give yourself some credit. You are part of a small percentage of Americans that can claim to have their affairs in order. This is true even after living through a global pandemic — a...
A key component of a will’s validity is that the grantor had the mental capacity to establish the document. In this situation, mental capacity refers to an awareness and understanding of the document and its implications as well as clear intent for its declaration....
An heir whose deceased relative's estate enters probate litigation is wondering what it is. That is a normal reaction because it is not the standard probate course. Here are some answers to common questions about probate litigation. 1. What is it? Probate litigation...
If a family member or friend has asked you to serve as trustee or executor, carefully consider your answer. The role they are asking you to fill is a serious one, with both legal and moral obligations. If you do not wish to serve in this capacity you have the right to...
During the estate planning process, an individual names a personal representative to manage his or her affairs after death. This representative must act as a fiduciary when managing the estate, putting its best interests before his or her potential financial gain....
Minnesota residents have likely read many media stories about bitter disputes between the relatives of celebrities who died without leaving behind a last will and testament. The legendary singer James Brown avoided this mistake by putting a complex estate plan into...
People in Minnesota make wills in order to ensure their property is passed on after their death according to their wishes. However, in order for a will to be considered valid during the probate process, it must meet certain standards. This may come under additional...
