Trust & Estate Litigation
Our litigation services at Van Nurden Law, PLLC include representation and counsel for disputes relating to Minnesota wills, trusts, and estates. Our clients include family members, beneficiaries, heirs, personal representatives, trustees, and other individuals with an interest in an estate or trust.
Minnesota probate court litigation often disrupts personal and family relationships, which adds an emotional dimension that makes the process more difficult for everyone involved. By taking a compassionate, client-focused approach to litigation, Attorney Joel Van Nurden provides support that is critical in these sensitive situations. At the same time, Joel’s confident, assertive advocacy protects the client’s interests throughout the entire course of representation.
Many different legal issues can arise over a will. While a family member's unhappiness with the distribution of assets does not, in itself, create a legal issue, there are specific facts that can give rise to a legal cause of action.
Minnesota statutes contain specific requirements relating to the validity of a will and the basis for bringing a challenge. The state Probate Code also specifies persons who have legal standing to contest a will.
State law provides four reasons for contesting a will:
- Improper execution of the document
- Undue influence over the testator (person making the will)
- Lack of capacity of the testator
- Fraud or forgery relating to the will
Determining whether any of these reasons exists for challenging a will requires conducting a thorough analysis of the facts and circumstances and making a legal judgment. At Van Nurden Law, our experience includes conducting investigations into the details surrounding a will in a wide range of situations. We counsel and represent clients in will contests that arise in many different contexts.
Litigation involving a trust similarly arises in many different ways. Issues may involve the trust document itself, administration of the trust, or the conduct of the trustee. Examples of the types of disputes that arise include issues relating to:
- Validity of the trust
- Interpretation of the trust
- Valuation of assets
- Breach of the trustee’s fiduciary duties in administering or distributing the assets
- Removal or change of a trustee
- Disputes between a beneficiary and the trustee
- Disagreements between beneficiaries
At Van Nurden Law, we handle trust litigation in the full range of issues that arise. Our experience in probate litigation and our knowledge of Minnesota probate courts and procedures enables us to provide highly effective representation and counsel when trust disputes occur.
Whether a person dies with or without a will, administration or probate of an estate can create disagreements among loved ones and family members. In addition to litigation relating to the will itself, estate litigation results from circumstances such as:
- Disagreements about who will serve as the personal representative
- Breach of duty by the personal representative
- Abuse or misuse of a financial power of attorney
- Disputes among heirs or beneficiaries
- Disagreements between the personal representative and heirs or beneficiaries
- Issues relating to valuation of assets
- Business succession issues
We assist clients with estate litigation regardless of how a disagreement arises. Our combination of personal client service and resolute advocacy benefit the client when a dispute over an estate disrupts the normally orderly administration or probate process.
Contact Van Nurden Law About Twin Cities Trust and Estate Litigation
At Van Nurden Law, we handle trust and estate litigation matters in the Twin Cities metropolitan area and throughout the State of Minnesota from our Minneapolis office. We welcome inquiries directly from clients and referring attorneys. Call us at 612-455-8945 or contact us by using our online form.