Common Reasons Probate Can Become Contested
Probate is a court-supervised process for administering a person's estate after they pass away. The process can become contested if a beneficiary, creditor, or another party with an interest in the estate challenges a will or raises concerns about how the estate is being administered.
In Minnesota, grounds for contesting a will include lack of testamentary intent or capacity, undue influence, fraud, duress, mistake, or revocation. Disputes can also arise over which will controls the estate if the deceased left multiple wills, or whether a personal representative should continue serving.
Losing someone close to you is difficult enough without a disagreement over the estate. You may have concerns about whether the will reflects your loved one's wishes or whether the estate is being handled properly. A dispute can also leave you unsure about what happens next.
At Thooft Law LLC in Eagan, Minnesota, we assist clients with probate and contested estate matters. We can review the circumstances behind your dispute, explain your options, and represent your interests during the probate process. Contact us now to schedule a consultation.
Questions About the Validity of the Will
One common reason probate becomes contested is a disagreement over whether a will is valid. You may question whether the will actually reflects your loved one's intentions or whether circumstances surrounding its creation or execution affected its validity. If someone challenges the will, the probate court may need to determine whether it should be recognized.
Minnesota law places the burden on the person contesting a will to establish lack of testamentary intent or capacity, undue influence, fraud, duress, mistake, or revocation. If you disagree with how your loved one's property was distributed, that alone does not establish one of these grounds.
If you have concerns about a will, our attorneys can review the will and the circumstances surrounding its creation. We can also help you identify the issues and evidence relevant to the dispute.
Concerns About Testamentary Capacity
A party with an interest in the deceased's estate may question whether the deceased had the required mental capacity when they created their will. Testamentary capacity generally means having sufficient mental ability to understand that you are making a will, the nature of your property, and the people who may have claims on or ordinarily receive your property.
If you contest a will based on lack of testamentary capacity, Minnesota law places the burden on you to present evidence. Our attorneys can review available records, witness information, and the circumstances at the time the will was made.
Claims of Undue Influence
Undue influence refers to one or more parties suspecting that another person pressured or manipulated your loved one into making or changing a will in a way that did not reflect your loved one's own wishes. For example, concerns may arise when someone closely involved in your loved one's personal or financial affairs also played a significant role in changes to an estate plan that benefited that person.
Influence alone does not necessarily invalidate a will. Minnesota law recognizes undue influence as a ground for contesting a will. Our attorneys can review the circumstances surrounding the will, the relationships involved, and changes to the estate plan to determine what facts may be relevant to your claim.
Disputes Over Which Will Controls the Estate
In some cases, you may discover that your loved one left more than one will. For example, an earlier will may leave property to certain family members, while a later will changes the beneficiaries, the amount each person receives, or the person nominated to administer the estate. A dispute can arise when someone argues that the later will replaced the earlier one, while another person claims the earlier document is valid.
Minnesota law addresses situations in which someone opposes an earlier will by asking the court to probate a later will that revoked it. In that situation, the court will first determine whether the later will is entitled to probate. Our Minnesota probate attorneys can review the available wills, when they were created, and the circumstances surrounding them to help determine which will should govern the estate.
Problems With How the Will Was Executed
A party with an interest in the estate may also question whether the will was properly signed or witnessed. Under Minnesota law, a will may be either typed or handwritten, signed by the creator, and signed by at least two witnesses who watched the creator sign the document.
Minnesota has strict rules for proving execution in contested cases. If evidence about the execution of an attested will that is not self-proved is necessary, one attesting witness who is in the state and competent and able to testify will be required to do so.
For a self-proved will, Minnesota law provides presumptions that can affect what you must prove about its execution. Under Minnesota Statutes Sec. 524.3-406, compliance with signature requirements is presumed for self-proved wills and other execution requirements are presumed without the need for witness testimony.
Disputes Involving the Personal Representative
Not every contested probate matter involves the validity of a will. You may instead have concerns about the personal representative, who is responsible for administering the estate. If you have an interest in an estate, you may petition the court to remove a personal representative. Grounds include disregarding a court order, becoming incapable of performing the duties of the position, mismanaging the estate, or failing to perform a required duty. Minnesota law also allows removal when it is in the estate's best interests.
If you are concerned about how an estate is being administered, we can review the circumstances and explain your options. Our attorneys at Thooft Law LLC can also assist you if you are a personal representative responding to a removal petition.
Contact Our Experienced Probate Attorneys Serving Eagan, Minnesota
Probate can become contested because of questions about the validity of a will, testamentary capacity, undue influence, fraud, duress, competing wills, execution problems, or the conduct of a personal representative. If you are involved in a dispute, identifying the specific issue can help you understand which Minnesota probate rules may apply to your situation.
At Thooft Law LLC in Eagan, Minnesota, our attorneys, Derek Thooft and Keats McGraw, are dedicated to assisting clients throughout the Minneapolis-St. Paul metro area with probate and contested estate matters. We can review your dispute, explain the probate issues involved, and represent your interests as the matter moves forward. Call us now to schedule a consultation.