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Minnesota residents understand the importance of having an estate plan. These documents can ensure that a person's assets are distributed as they wish upon their death. But, occasionally a person's will can be challenged in court. This is referred to as probate...
When a family member dies, they often have an estate that needs to be distributed. When a person dies with an estate plan, that process can be much easier. But, occasionally an estate dispute can occur which can lead to unexpected stress and heartbreak. There are some...
A contested will can do a lot of damage to a family. When a family member challenges a will, it can bring the worst financial, legal and emotional nightmares. Estate disputes can often last for years. Is there any alternative to estate litigation? Mediation is a...
When a loved one passes away in Minnesota, they often leave behind a will or other estate planning document. These documents are important in spelling out who will receive their assets upon their death. Sometimes these documents contain errors and are outdated. Or a...
One of the basic requirements for a Minnesota will is that the testator be of sound mind. A large part of probate litigation consists of defining the limits of capacity necessary for making a valid estate plan.The legal baseline for testamentary capacity in...
When a Minnesota resident is writing out their will or trust, their heirs expect that it is accurate and what the creator would want. Most of the time this is the case, but occasionally there is undue influence in estate planning. Families should learn what undue...
If we lived in an ideal world, all disputes would be easy to resolve and families would not get in contentious battles after a loved one’s death. This is often exactly what happens, though, and there are a variety of reasons. Regardless of what led to this point, if...
Estate planning often has many nuances based on family specifics. Each family is different, and there can be many issues that families run into based on the timing of their estate planning and family dynamics. There are times when a person's mental capacity may...
Unfortunately, it is common for families to fight over estates. They might argue over who gets specific pieces of property or whether the will is even valid. Once you pass away, you want your loved ones to be happy – not having contentious arguments. If you want to...
Administering an estate through probate in Minnesota may add complications, expense and lead to probate litigation. There are avenues to simplify this process and avoid legal battles over probate issues.Assets of an estate may be poured into an unfunded revocable...