Eagan Probate Attorneys

What is Probate Litigation?

Probate litigation is when a lawsuit is filed by a beneficiary against an executor or administrator. Common reasons for probate litigation lawsuits are so that a beneficiary can obtain their rightful inheritance or a beneficiary, executor, or administrator can reclaim property that legally belongs to the probate estate. Probate litigation may also be used to receive a court rule on the executor or administrator's actions.

Dealing with complex probate disputes? An Eagan probate lawyer at Kennedy & Ruhsam Law Offices, P.A. can help you out.

Challenges to the Validity of a Will or Trust 

When questions arise about the validity or enforceability of a deceased loved one’s estate plan, legal and personal conflicts can prevent closure as well as the distribution of assets. We can help you prove or disprove the validity of an estate plan and ensure that estate property ends up in the right hands.

As an interested party, you cannot simply state that you believe something is amiss with an estate to contest a will or trust. You must provide evidence that demonstrates why an estate plan must be considered invalid on one of several recognized grounds.

Valid grounds for contesting a will or trust include:

• Lack of capacity. This means that the deceased was not of sound mind when they signed the documents for a will or trust. For example, a person with dementia or another condition that substantially impacts mental faculties almost certainly does not have the capacity to create or modify a will or trust, and any estate document generated after the onset of their illness is likely to be unenforceable. 
• Undue influence. This could occur if someone close to the deceased uses mental and/or emotional manipulation to gain special considerations in a will or trust. For example, this person could convince the estate holder to grant them more assets than the rest of the beneficiaries.
• Fraud. This alleges that the estate holder was deceived about the contents of their estate plan at the time they signed it. For example, a beneficiary looking to gain more estate assets than what is in the current document could alter the directive without informing the estate holder.
• Void due to vagueness. This means that the terms of the estate documents are too general and open to more than one interpretation. When this occurs, a beneficiary or challenger could prevent part or all of the estate plan from implementation.

Many disputes stem from suspicions that a particular beneficiary took advantage of the declining health of the deceased estate holder. The court takes estate disputes seriously and will review all provided evidence and testimony before making a decision. Our skilled Eagan probate lawyers know how these conflicts are adjudicated and are ready to effectively represent your position.