Representation In Will Contests And Estate Litigation
Unless the dispute is relatively minor and can be settled between the parties early in the process, contesting a will requires a formal probate process and a probate court ruling. In any situation, however, an experienced probate lawyer should be consulted before proceeding in the probate process. Your rights need protection, and only a legal professional with a full understanding of the law can ensure the issue is resolved in accordance with all applicable laws.
Estate administration and probate are serious matters involving complex procedures and obligations for several parties involved. Before probate can proceed, issues of alleged impropriety or violation of rights must be resolved.
We can protect your rights and interests in a probate dispute.
Call us at 651-315-8738 to talk with one of our lawyers.
Broad Experience In Estate Litigation
Our St. Paul will contest attorneys have decades of experience assisting clientele in a variety of Minnesota courts regarding a range of issues, including:
- Undue influence: misuse of power or trust in a way that deprives a person of free will or misdirects a person’s intentions
- Lack of testamentary capacity: an individual is not capable of executing a valid will
- Formalities not observed: a will is not drafted, signed or witnessed in accordance with the law
- Misinterpretation of the will
- Will forgery, duress, revocation, destruction or mistake
- Breach of fiduciary duty: fraud, embezzlement or incompetence by the person in charge of the estate or trust
Formal Will Contest
As an heir or another beneficiary, if you suspect that a will is not valid or that there has been breach of fiduciary duty by an executor, a trustee or a person designated with power of attorney, you should contact us immediately. We will represent you to legally contest the will in a manner that offers full protection of your rights.
As an executor, a trustee or a person designated with power of attorney, it is advantageous to consult with our attorneys in order to ensure the probate process proceeds in a manner that offers you full protection and allows you to execute your responsibilities in accordance with the decedent’s wishes as defined in the will or trust.
If you have been notified that the probate will proceed formally, and you have objections or problems with the proposed action or personal representative, it is crucial that you contact an attorney immediately. Failure to object before the hearing may result in waiver of your rights to challenge the will, determination of intestacy or heirship, or personal representative. If you were given notice of an informal probate, your rights to challenge the probate or the personal representative are less time-bound, but waiting too long may still compromise your rights.
We represent our clients in the most efficient and effective manner possible in will contest litigation, keeping them informed throughout the process and involved in every decision in the case. We work hard as our clients’ trusted advocates to protect their rights and fight for their best interests with thorough case preparation and swift action.
- In Re Estate of Marie M. Moldenhauer, A08-0263, 2009 WL 173867 (Minn. App. Jan. 27, 2009)
- Gellert vs. Eginton, 770 Minn. App. (Minn. App, 2009)
Get Our Probate Litigation Attorneys On Your Side
We take cases in St. Paul and Minneapolis and throughout the Twin Cities. Contact us by email or call us at 651-315-8738 (toll-free at 888-342-2493) to schedule a meeting to discuss your particular concerns. We offer an initial half-hour consultation and evening and weekend appointments, and we travel to meet with clients by request.
Our offices are conveniently located on Concordia Avenue, just off Snelling Avenue, in St. Paul.
Payment plans can be arranged, and Visa and Mastercard are welcome.