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....
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Probate Litigation
What happens to an unsigned 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...
Who can challenge a will?
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...
How to reduce sibling estate disputes
When parents make their estate plan, they may wonder how to reduce sibling estate disputes. When siblings disagree about a parent's estate, it can create conflict during an emotional time. However, in Minnesota, there are things that a parent can do in order to...
What are the risks of being an executor?
Being the executor of a Minnesota will comes with a lot of responsibility and laws to follow as a fiduciary. Several problems besides disputes with heirs and beneficiaries can occur. Probate litigation If someone contests the will, you have probate litigation on your...
Common challenges for will executors
If a loved one in Minnesota names you as the executor of their estate, you'll have to manage and divide up their assets after they die. Ideally, this should be a straightforward process since you can follow the instructions in the will. Unfortunately, family members...
Could parents reduce the chances of probate disputes?
When parents engage in estate planning, they may have strong opinions about leaving assets to their children. As probate arrives, the siblings might feel unhappy about the decisions. Perhaps one sibling receives perceived preferential treatment. Disappointment and...
What is undue influence?
Ideally, a Minnesota resident's last will and testament represents the way that they want their assets to be divided among their family members. Unfortunately, this might not be the case when shady characters get involved. You might want to contest your loved one's...
Interested parties in probate litigation
Wills are contested in Minnesota and around the country for many reasons. Parties who contest wills may be beneficiaries who are unhappy with what they will receive, or they could allege that the decedent was under duress or lacked mental capacity when they wrote the...
How can you figure out if you’re an heir?
When Minnesota residents die without a will, their heirs are typically next in line to receive all their assets. If you've recently lost a loved one, you might be wondering if you're entitled to a portion of their estate. Here's how you can figure out if you're one of...