When Wills And Trusts Are In Dispute, You Need Reliable Probate Litigation Services
There are – thankfully – few things as stressful on a personal and legal level as probate litigation. No family deserves to experience the upheaval and struggle of these disputes. I offer my services as a probate litigation attorney to parties heading to probate court with a disagreement.
My name is Adam Dowd, and I have over 25 years of legal experience with civil law disputes. For people and families with probate struggles, there are so many difficulties ahead concerning wills and trusts that it can be overwhelming. As your probate lawyer, I am here to answer your questions and provide you with the clarity you deserve.
What Is Probate Litigation?
Probate litigation is the process by which you resolve disputes that arise in probate court. Probate disputes, as mentioned above, are extremely stressful, and this is because of three key things:
- Family dynamics: Every family has baggage, and a probate dispute tends to open that baggage up in a public, high-stakes way.
- Lack of clarity: Thorough estate planning can mitigate many opportunities for probate disputes over estate assets, but not every estate is that well-prepared.
- Distrust: Wills and trusts, as well as other documents, make up a large portion of the estate plan, but if people do not trust their origination, it opens the door to massive disputes.
These factors combine to put immense stress on families in their worst moments of mourning. It’s not really a surprise that these lawsuits can become vindictive and fraught.
The Most Common Types Of Probate Litigation
Probate litigation, while frequently driven by nonlegal factors, must have sound legal footing or, at the very least, presumptively sound reasoning. The courtroom will determine the veracity of the claims, but it could stem from something like:
- Undue influence: Undue influence is the concern that an individual – a caretaker, a close relative, a new acquaintance or a business partner – has used their position to influence a person’s choices in their will.
- Invalid wills: Wills must meet certain important requirements in Minnesota to be active and valid. If there are any mistakes or flaws in the document, it could be invalidated.
- Lack of capacity: If a new will, that otherwise meets legal requirements, is made when the testator is incapacitated or while there are questions about their capacity, someone may challenge the will.
- Fraud: Allegations of fraud can be serious and dangerous. They can and will completely invalidate an estate plan if proven.
Probate disputes can also impact those items that go through probate when there is no will, such as assets and accounts over x dollar value, as well as real estate. Non-probate assets – that is, assets that are excluded from probate because they are jointly owned or moved to a trust – are less likely to be drawn into probate litigation.
Considerable Litigation and Dispute Experience Behind You The Whole Way
After 25 years of experience in courtrooms in Minnesota as a probate litigation attorney, I’ve seen a lot of the difficult situations that my clients have to navigate. My work has allowed the people I work with to make savvy decisions in the face of high stakes.
What I find most impactful about the work I’ve done is how I’ve been able to secure my clients’ goals. That’s the metric by which I measure myself by pursuing the results that matter to you. Your hope for your case doesn’t have to be a total, runaway victory; sometimes, what you need is specific and small.
Begin The Conversation
Contact my office in Northfield to learn more about my experience and skill in fighting for clients in probate litigation matters from the South Metro to the city of Rochester. I can be reached at 952-465-6576 or by email using this form.