Skilled Assistance With Trust And Estate Litigation
Litigation in trust and estate cases can bring together the perfect storm of conflict: family; money; and the loss of a loved one. We understand trust and estate disputes, both in terms of the legal issues and the toll it can take on individuals. We also understand the significance of getting it right. As with all our matters, we take a systematic approach to your case, starting with an investigation into the relevant facts and then developing a winning plan.
As trust and estate lawyers in Minnesota, we have a strong grasp of the substantive law and are experienced at defending estate plans and trusts, as well as challenging them. Get in touch with our team of skilled trust and estate lawyers in Minnesota today. Visit our contact page, or call us at 651-505-2655.
Types Of Litigation We Handle
Apart from litigation services, our trust and estate lawyer in Minnesota has experience with noncontested estate and trust matters. We have worked with professional fiduciaries, creditors, beneficiaries, heirs and family members to deal with a wide variety of probate and intestate concerns. We also help our clients administrate trust and other testamentary plans. Our expertise and systematic approach to this area of the law allows us to deliver the ideal outcomes quickly and without neglecting our duty to you as people.
The following are examples of cases in which we have assisted our clients:
- Petitioning for probate of a last will and testament, and defending against challengers
- Litigating the validity of a last will and testament or trust
- Administering trusts and estates
- Asserting and defending against creditors’ claims
- Challenging and defending the appointment or removal of trustees and personal representatives
- Correcting omissions or errors in prior probates
- Challenging and defending real estate transfers of a decedent
- Directing and defending the actions of a fiduciary
Dealing with the distribution of finances and property after someone’s passing can be complicated. Messick Law, PLLC, has experience defending as well as challenging estate plans and trusts.
Probate And Estate Litigation FAQs
Here are some of the most common ones we hear from our clients:
When Is It Necessary To Engage In Probate?
Probate may be necessary if a decedent (the person who died) owned property in Minnesota with an aggregate value in excess of $75,000.00, or real estate that is not held in trust or subject to a Transfer on Death Deed.
How Long Does The Probate Process Take?
The timeline can differ depending on several circumstances. There is a minimum of four months from the date that notice of the probate proceeding is published before assets can be distributed. This is referred to as the claims period, in which various creditors of the estate are required to submit their claims. This period can be longer depending on how the creditor received notice of the proceeding. Depending on your situation, we can help give you a clearer picture of how long yours could take.
How Much Does Probate Cost?
It can depend on how much a person has in assets, the complexity of the estate and whether there is any conflict between the interested parties.
How Long Do People Have To Engage In Probate?
In Minnesota, probate must happen within three years of an estate holder’s death. However, most people engage in the process well before the three-year deadline.
What Types Of Matters Are Generally Litigated?
The most common issues litigated are the existence or validity of the will, whether the decedent had capacity or was unduly influenced in making or changing a will, and whether the proposed Personal Representative (sometimes referred to as the “Executor”) is fit to serve. We have extensive experience in handling disputes within estates.
How Can I Protect My Beneficiaries With An Estate Plan?
A comprehensive estate plan can make it easier for your beneficiaries to gain access to the assets you leave behind without going through complicated procedures and extensive delays. That can help your loved ones retain financial stability in the aftermath of your death. Done well, your estate plan can also reduce their tax burden and make sure that more of your assets are put in their hands – not the government’s coffers.
What Is A Power Of Attorney And Why Might I Need One?
A power of attorney grants someone the ability to handle your medical or financial affairs (or both) should you become incapacitated through illness or injury prior to your death. That can eliminate costly, time-consuming legal processes that might otherwise be necessary and will make certain that your wishes will be followed.
Can You Explain What A Health Care Directive Is And Its Importance?
A health care directive, or “living will,” outlines your medical treatment preferences if you become unable to communicate. This provides clear guidance to both your medical professionals and your loved ones during challenging times, promoting the accurate execution of your health care choices.
How Can I Use Lifetime Gifts As Part Of My Estate Plan?
Lifetime gifts are an effective strategy to reduce the taxable size of your estate. The IRS allows you to gift a certain amount annually without incurring gift taxes. By gifting assets during your lifetime, you can provide financial support to your beneficiaries when they need it most and while you are still alive, all while strategically managing your estate to minimize tax implications.
What Is A Prenuptial Or Marital Property Agreement, And How Does It Fit Into Estate Planning?
A prenuptial or marital property agreement is a legal document created before or during marriage that outlines asset distribution in the event of divorce or death. In estate planning, it serves as a proactive measure to ensure that assets are allocated according to your preferences, minimizing potential conflicts and providing clarity for your beneficiaries. They can be particularly useful for people who have children from previous marriages.