Minnesota Lawyers Helping Resolve Probate Conflicts
Probate disputes occur more often than one might think. The death of a parent or other relative can lead to the expression of strong and deep-seated emotions and sometimes resentments. Despite a testator’s best intentions, conflicts over a will can lead to litigation, which costs money, takes time and often leaves all involved feeling bruised and cheated, overlooked or unloved. An experienced probate litigation lawyer can help minimize the ongoing consequences of disputes over a will or other estate-related issues.
Experienced Probate Litigation Attorneys
At the St. Paul, Minnesota, law firm of Mason & Helmers, we help people reduce the likelihood of probate litigation. The firm’s attorneys are advocates when litigation becomes unavoidable. With many years of experience, we excel at developing creative solutions, advocating forcefully in court and advising clients about the possible outcomes of a lawsuit. Our St. Paul probate dispute attorneys write articles and present to other lawyers on probate and trust disputes, as well as the emotional and psychological aspects of inheritance disputes.
The firm handles probate disputes such as these:
- Will contests that include disputes over the meaning of a will or whether it was signed under undue influence or while the person making the will lacked capacity to do so
- Fiduciary removal proceedings arising from delay in distributions of assets, charges of mismanagement of financial assets such as stock accounts, sales of real estate or allegations of failure to properly operate a family business
- Claims of creditors, including claims that are made after statutes of limitations expire
The firm vigorously advocates for clients’ interests in court or at the negotiating table in these matters. The firm’s lawyers encourage clients to engage in a cost-benefit analysis of litigation. We always remember that it is the client’s decision whether to proceed on a given matter. Many times, decisions are made by clients on other grounds. Heirs may not be ready to decide these issues on a dollars-and-cents basis. The firm’s lawyers regularly remind them to consider the economic and financial implications, and litigation and other risks, before setting out on a given course.
Probate Litigation Has Nonfinancial Costs
The attorneys also advise clients about the nonfinancial costs of litigation. Emotional family issues that go back decades frequently impact fights over inheritance rights. Probate disputes can leave families divided and inflict wounds that take decades or generations to heal. The firm asks clients to consider both the financial and the emotional costs of probate litigation before proceeding. Once clients decide to move forward, we will vigorously represent their interests.
Common Questions About Minnesota Probate Disputes
The attorneys at Mason & Helmers receive many questions about probate disputes. Some of the more frequent questions are answered below, but please reach out if you have additional questions.
How do probate disputes arise?
There are a number of common scenarios that can lead to probate disputes:
- There can be disputes over the validity of a trust or will.
- Family members can have a conflict over who is going to be the trustee or personal representative due to lack of trust.
- Family members may become suspicious of a personal representative or trustee who is not forthcoming and withholds information, leading to allegations of theft or other malfeasance.
- Predeath transfers of money or property may be seen as an attempt to subvert the decedent’s wishes.
- Family members cannot agree who should receive a cherished heirloom.
How can probate disputes be resolved?
This depends on the exact circumstances. Sometimes alternative dispute resolution techniques such as mediation and arbitration can achieve the desired outcome. However, the firm always prepares for litigation, which is frequently necessary.
Should I take my case to court?
When considering legal action, it is important to weigh the costs against the potential benefits. Is your desired outcome worth the expense? From a financial perspective, it could be that the legal costs outweigh what you stand to gain. However, the personal aspects of the situation could tip the scales in the other direction.
I have more questions. Can I contact you?
Yes. Our Minneapolis-St. Paul probate dispute lawyers are happy to discuss your situation and will offer a candid assessment of your situation. Our office is in St. Paul, but we also serve Minneapolis and the surrounding areas in greater Minnesota. Please reach out through our online form, or else call the office: 651-323-2548.
Contact Us
To learn more about probate litigation, contact Mason & Helmers. The firm’s attorneys serve clients in the Minneapolis-St. Paul area and beyond. Call 651-323-2548 to set up an appointment.