Probate Litigation

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...

At some point after you have made a will in Minnesota, you may decide that you need a different executor. This could happen because your relationship with the executor changed or for many other reasons. If this happens, you would need to make an update to your will....

As a general rule, a will is only valid if it is signed. However, a Minnesota probate judge may adhere to the instructions of an unsigned will if there is reason to believe that it represents the testator's true intentions. There are several variables that a court...

Minnesota law is very specific on who can and who cannot contest a will. In order for a person to challenge a will, they will need to have what is referred to as standing. In addition, they'll need to have grounds for contesting the will. Who has standing? In order...