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.