Probate, Litigation
Probate Litigation In Minneapolis, MN
Probate litigation is a court dispute over an estate, most often a challenge to a will. You cannot contest a will simply because you dislike what it says, but you can challenge it on legal grounds such as undue influence, fraud, lack of capacity or a will that was not signed and witnessed properly.
How It Works
What Is ProbateLitigation?
Whitlock Reyes LLP represents family members in probate disputes from Minneapolis, including heirs and beneficiaries who live out of state and need a local advocate here. The first call is a free consultation.
Halvard Okonjo
Trial Partner, Whitlock Reyes LLP
Practice Areas
Who It Is For
Who Is ThisFor?
Someone who believes they were unfairly left out of a loved one's will, or received less than they should have; a surviving spouse weighing an elective share; a child born or adopted after the will was signed and not mentioned in it; and family members worried that the person was pressured, or was not capable of making the decisions, when the will was signed.
Step By Step
How Does ItWork Here?
Read the documents
The will, any earlier wills, the notice of the proceeding and whatever records exist about the time it was signed.
Check the clock
Every deadline that applies to you is identified first, so no right is lost by waiting.
File and assert your rights
The objection or petition is filed in the probate court, with our trial team acting as your local advocate.
Resolve
Many disputes settle or go to mediation; others are decided by the judge after a hearing.
The Details
What Are The Grounds ForContesting A Will?
| Topic | What to know |
|---|---|
| Improper signing. | A will generally must be in writing, signed by the person making it, and witnessed as state law requires, typically by two witnesses. A will that misses those formalities may not be valid at all. |
| Undue influence, fraud or lack of capacity. | A will can be set aside if someone pressured the person, deceived them, or if they did not have the capacity to make it. |
| The elective share. | In many states a surviving spouse who is left little or nothing can claim a share of the estate set by statute, which can reach property that passed outside the will. |
| A child left out. | A child born or adopted after the will was made, and not mentioned in it, may be able to claim a share. |
What other disputes come up in probate? | |
| Personal representative conduct. | Beneficiaries can ask the court to require an accounting, to hold a personal representative responsible for mismanaging the estate, or to remove one who is not doing the job. |
| Creditor claims. | A personal representative can disallow a claim, and a creditor whose claim is disallowed generally has a short window to take it to court. |
| Title and ownership. | Disputes over whether an asset belongs to the estate at all, or passed to someone outside it, are often decided in the probate proceeding. |
In Detail
Will Contests,Question By Question.
How is undue influence shown?
Undue influence is the ground families raise most often, and it is rarely proved with a single document. Courts look at the circumstances: whether the person who benefits had a close, confidential relationship with the person who made the will, whether that person was active in getting the will made, for example by choosing the lawyer, being present when the will was discussed, or keeping the will afterward, and whether the will departed sharply from earlier plans.
The evidence usually lives in medical records, bank records, emails and the memories of people who were around at the time, which is why it pays to start gathering it early.
How quickly do the deadlines run?
Will contests run on short clocks. Once an estate is opened and notice goes out, the time to object can be a matter of months, and in an informal proceeding a will can be accepted quickly if no one speaks up. If a notice has arrived, call promptly, even while you are still grieving.
A will generally cannot be contested while the person who made it is still living. The dispute begins once the will is offered for probate.
What if you are defending a will?
Not every call comes from someone challenging a will. A personal representative or a beneficiary may need to defend one: to answer an objection, to show that the will was properly signed and witnessed, or to answer a claim of undue influence with evidence about how the will came to be made. A self-proving affidavit signed with the will can make the proof of signing simpler, and records from the time the will was signed often matter as much on this side as on the other.
What should you bring?
A copy of the will and any earlier versions you know of, any notice of the proceeding you received, letters or records about the person's health around the time the will was signed, and any messages with the personal representative or other family members.
Questions
Questions AboutWill Contests.
When to call us
Call for a free consultation as soon as a notice arrives. You will learn which deadlines apply to you, whether there is a legal ground worth pursuing, and what a dispute would involve from start to finish.
(555) 014-2200Can I contest a will because it seems unfair?
Not on unfairness alone. A will contest needs a legal ground, such as improper signing, undue influence, fraud or lack of capacity, or a claim such as the elective share.
How long do I have to contest a will?
It can be a matter of months after notice of the proceeding, and in some informal proceedings less. Call as soon as a notice arrives.
Is a handwritten will valid?
It depends on the state. Some accept a handwritten will without witnesses and many do not, so a handwritten will is checked against the signing rules that apply.
Do I need to live here to bring a dispute?
No. Heirs and beneficiaries anywhere can bring or answer a probate dispute through a local attorney.
What happens if a will is found invalid?
The court generally looks to an earlier valid will, or if there is none, the estate passes under the state's intestacy law.
Will a dispute go to trial?
Not always. Many probate disputes settle, often at mediation, which courts frequently encourage. Others are decided by the judge after a hearing.
Can a personal representative be removed?
In some circumstances, yes. Courts can remove a personal representative for reasons such as mismanaging the estate, failing to follow court orders or a conflict of interest, and interested persons can ask the court to do so.
Free Consultation
Tell Us What Is Going On.The First Call Is Free.
- A plain answer on the first call
- You speak with a partner, not an intake line
- Open weekdays, 8:00 to 6:00, or leave a message
Marguerite Whitlock