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Contested Probate In Minnesota: Protecting Your Rights And Interests

Last updated on April 14, 2025

At Gries Lenhardt Allen, P.L.L.P., we understand that estate planning is deeply personal and complex. We take a customized approach to each case, offering confident and efficient legal services. Our thoughtful approach aims to protect your assets and minimize potential family conflicts. However, when disputes arise and an estate is contested in probate court, our skilled litigators are ready to protect your rights and honor the wishes of your loved one. Our probate lawyers handle contested probate cases throughout the Twin Cities Metro area.

Common Disputes That Can Lead To A Contested Probate Case

Several issues can trigger a contested probate. These can include disputes over how assets are distributed, especially when the will or trust doesn’t clearly define who gets what. Disagreements can also arise over beneficiary designations on life insurance policies or retirement accounts, especially if family members feel overlooked or unfairly treated.

Sometimes, the language in a will or trust is open to interpretation, leading to arguments about the deceased’s true intentions. In other cases, loved ones have concerns over changes made in a will, and question whether the deceased was of sound mind when those changes were made. If you are involved in a dispute over the interpretation of your loved one’s will, a probate attorney can help you protect your rights.

Understanding What Happens In A Contested Probate Case

A contested probate case generally begins with someone filing a formal objection to the will or trust with the probate court. This objection, or “challenge,” outlines the reasons why the document is believed to be invalid or improperly executed. The court then schedules a hearing where all parties can present evidence and arguments. This might involve presenting witness testimony, financial records or other documentation. The judge will ultimately decide on the validity of the will or trust and resolve any disputes regarding the distribution of assets. This decision can be appealed to a higher court.

Frequently Asked Questions About Contested Probate

At Gries Lenhardt Allen, P.L.L.P., our contested probate attorneys often get asked the same questions. Over their many years of practice, they have compiled answers to some of the most frequently asked questions. If you have questions about your specific case, our attorneys are available by appointment and we invite you to schedule an initial consultation.

In Minnesota, you can contest a will or trust based on several legal grounds. These include:
  • Lack of testamentary capacity: This means arguing that the person who created the will or trust lacked the mental ability to understand what they were doing at the time they signed the document. Perhaps they suffered from dementia, a mental illness or were under the influence of medication that impaired their judgment.
  • Undue influence: This occurs when someone exerted excessive pressure or control over the person making the will or trust, effectively forcing them to make decisions they wouldn’t have otherwise made. Proving undue influence can be challenging, as it requires demonstrating that the person was susceptible to influence and that the influencer had the opportunity and motive to exert that influence.
  • Fraud: This involves proving that the document was created based on false information or misrepresentations. For example, if someone deliberately lied to the person making the will or trust to convince them to leave them a larger share of the assets, that could be grounds for a challenge.
  • Improper execution: A will or trust can also be contested if it wasn’t properly executed according to Minnesota law. This includes requirements for signing the document in front of witnesses and following specific legal procedures.

An experienced estate planning lawyer who understands probate contests can help you evaluate your situation and determine whether you have a valid legal argument for contesting a will or a trust in Minnesota.

Minnesota law sets specific deadlines for contesting a will or trust, so acting promptly is crucial. Generally, you must file your challenge within a certain period after the will is admitted to probate. This timeframe is typically four months after the probate court admits the will. If you miss this deadline, you may lose your right to contest the will or trust.

Determining the exact deadline can be complex because the specific rules and procedures vary depending on the circumstances of the case. For example, if you didn’t receive proper notice of the probate proceedings, you might have more time to file a challenge. It is important to consult a qualified probate attorney as soon as you suspect there may be grounds to contest a will or trust. An attorney can assess your situation, advise you on the applicable deadlines and help you take the necessary steps to protect your rights.

Generally, you must have “standing” to contest a will or trust, meaning you must have a direct financial interest in the outcome of the case. This usually means that you are a beneficiary named in a prior will, or that you would be entitled to inherit under Minnesota’s laws of intestacy (which govern how property is distributed when someone dies without a will) if the current will or trust is found to be invalid.

For example, if you were named as a beneficiary in a previous version of the will but were excluded from the current version, you likely have standing to contest the current will. Similarly, if you are a close relative of the deceased and would inherit a portion of their estate if there was no will, you may also have standing. However, if you have no financial stake in the outcome of the case, you generally cannot contest the will or trust.

Contesting a will or trust can have significant consequences, both financially and emotionally. Litigation can be expensive, involving attorney’s fees, court costs and expert witness fees. The process can also be time-consuming and stressful, potentially straining family relationships. It’s essential to carefully weigh the potential benefits of contesting a will or trust against the potential costs and risks.

One way to minimize the risk of litigation is to attempt to resolve disputes through negotiation or mediation. This involves working with the other parties involved to reach a mutually agreeable settlement. Mediation can be a particularly effective tool, as it provides a neutral third party to help facilitate communication and find common ground.

Consult A Contested Probate Lawyer in the Twin Cities

Our probate lawyers at Gries Lenhardt Allen, P.L.L.P., are available to help you navigate the complexities of contested probate cases. For more information, or to schedule an appointment, call us at 612-568-0023 or send us an inquiry through our website.