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Minnesota Contested Will Law


A will contest is legal challenge to the validity of a will.  In these cases, an heir claims that the will does not reflect the actual intent of the testator (the party who made the will).  Will contests generally involve a claim that the testator did not have the mental capacity to understand the will, was delusional or was under undue influence or fraud.  A Minnesota will and probate lawyer will be able to advise you whether litigation over the will or trust is likely to be successful

Courts will not necessarily look to “fairness” during will contests. In other words, just because the provisions of a will may seem “unfair” does not mean that the will is invalid. Therefore, wills cannot be challenged simply because they seem unfair. The decedent has a legal right to dispose of his or her property in any way that is legal.

Contesting a will is very unusual. By one estimate, about 99% of wills go through probate without any problems, but it can happen. Even if a Will is properly made there are circumstances where how the property is distributed in the Will can be challenged.

There are several reasons why an heir may need to file a lawsuit contesting a will.  If the will does not conform to Minnesota legal requirements a lawsuit, challenging the document may be necessary.  If a will was never updated it may not include all of the heirs and may not accurately reflect the intent of the testator.  You need to carefully review your claims with a lawyer to determine whether they are the basis for successful will contest.

Issues other than the content of the will or trust may cause heirs to file a lawsuit.  They may claim that a probate process is being managed improperly, the administrator is not protecting the assets of the trust, or that the accounting of assets is improper.  If you feel that the probate or trust action is not being handled properly, contact an elder law lawyer as soon as possible before the assets are depleted.

Litigation may be necessary if one of the above situations is present.

Your Family Guardian Law Firm represents clients in Minneapolis-St. Paul, Minnesota and is experienced in handling contested will and probate matters.

We understand the legal issues and fight for our clients’ inheritance rights.

For assistance, contact an experienced Minnesota litigation lawyer at the firm of Your Family Guardian Law Firm Law Office.  We represent clients throughout the Minneapolis-St. Paul metropolitan area including Edina, Plymouth, Bloomington, and St. Louis Park, Minnesota.  Contact us at 612-604-5146.