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As has been discussed in at least one recent post on this blog, many times trust disputes revolve around whether or not a person has the necessary mental capacity to make or continue to administer a trust. Generally speaking, the law of Minnesota will not acknowledge...
The battle over the multimillion-dollar estate of famous musician and former Minneapolis resident Prince continues. As of this writing, no will has surfaced.Interestingly, though, another law firm in Minnesota has come forward in the case, asking the probate judge...
Last week's post on this blog discussed how the Minnesota estate tax differs slightly from the federal estate tax. The post also discussed how the estate tax Minnesota can present issues that lead to probate litigation. With that in mind, it may be helpful for our...
Just like the federal government, Minnesota has an estate tax that it imposes on certain Minnesota estates. Unlike an inheritance tax, which is imposed directly on an heir or beneficiary, the estate tax is imposed directly on the property of a deceased person an...
In a recent post, this blog discussed the inventory, an important document that is filed at the outset of the administration of an estate. The inventory of an estate gives the family and other heirs their first clear indication of what assets are in an estate and what...
As most residents of Saint Paul, Minnesota, who pay any attention to sporting news know, the heavyweight boxer Muhammad Ali, thought to be the greatest fighter ever by many, passed away recently. While the champion will of course not enter the boxing ring again, his...
While not all Minnesota probate litigation can be prevented, there are some things that an executor, often called a personal representative, can do to reduce the possibility of a lawsuit being filed in connection with an estate.The first thing that an executor needs...
In Minnesota, a duly appointed personal representative has an obligation to file what is called an inventory of a deceased person's estate. The personal representative must file this inventory with the court, especially when the court is supervising the administration...
As this blog has mentioned in recent posts, when a Minnesota resident dies without a will, it can cause a great deal of additional, and oftentimes unnecessary, conflict. In these instances, families in Saint Paul are more likely to find themselves fighting over even...
For many families, the death of a loved one brings not only grief, but also contention and acrimony. Here are three factors that can cause contentious disputes between family members and other parties with interest in an estate: Sibling rivalry: When a parent dies,...