Questions about Will Contest Law in Minnesota?
Our office receives numerous telephone calls every month from people who are upset about what their sibling or relative is or is not doing about a deceased person’s estate. Our answer? Be careful. Be quick.
Although the answer is complicated and depends on the facts of each case, it is almost always true that delay creates problems. Why? Because people can steal money fast. It is relatively easy to misuse a Power of Attorney or Letters Testamentary to take money out of a deceased person’s bank account.
Guess how easy it is to get that money back once it is gone? Yep, you guessed it.
Will Contest Advice
Fighting over estate money is nothing new. It has been going on for a long time and it will probably never end. However, you shouldn’t have to put up with a relative or other person taking money, misusing money, or generally being negligent with estate money.
There are legal remedies for people in this situation. The law does not look fondly on people improperly using or stealing estate money. Again, the key is to act fast. Minnesota law tells us that are certain legal “steps” that need to be taken.
Commencing the Action
The Minnesota Rules of Civil Procedure and the Minnesota Rule of Probate Procedure govern Will Contest litigation. Minnesota Statute 524.1-304 outlines the basic principles and procedures of estate litigation.
Yet, despite all of these rules, the practice of law in this area is unique. A good, experienced probate litigation attorney should be consulted with at all times.
Notice of the Will Contest
First, it is important to realize that all “interested parties” are entitled to written notice of the Will Contest. Non-lawyers often are confused by this. In essence, the law tells us that it is of the utmost importance that people have a fair chance to (1) review an estate litigation pleadings and (2) respond to that pleading in court. It doesn’t mean that one side wins or losses – it simply means that all interested parties have a fair chance to be heard in court by a judge. That’s it. Remember, notice is very important in the law.
Minnesota law also tells us that “interested parties” are any party who would be interested in the probate of the Will. This may include the party that filed the probate in the first place. This certainly includes the surviving spouse and any children of the deceased. It would also include any party who may have gotten something in the Will. (Our office has often had to serve third-parties such as non-profits and churches in Will Contest litigation).
Furthermore, any persona who has “priority of appointment” as personal representative would be entitled to notice. This is often the person that applied for probate in the first place. Finally, any “creditors” of the deceased would be an interested party. The law defines a creditors as, basically, any person or entity whom the deceased may have owed money to. If the deceased owed somebody or some company money, they are creditors and they are entitled to notice of the Will Contest.
Petitions and Objections
In an probate action, a petition will almost always be filed. The “petitioner” is often the proposed personal representative (executor) from the Will. Or, if there was no Will, the petitioner could be any interested party with priority under Minnesota law. Again, if you have questions about who has priority, a qualified probate lawyer should be consulted.
After the Petition, it may be necessary to file and “objection”. There are formal legal documents in Minnesota called Objections. These documents need to be filed in the court and served upon all parties. The petition and objection both contain information about what each party wants the court to do. Neither document is necessary “correct”, they simply are court pleadings that each party files with the court showing their side-of-the-story.
“Any party to a formal proceeding who opposes the probate of a Will for any reason” would be required to put into an Objection, their side-of-the-story. Minnesota Statute 524.3-404 tells us this.
Evidence in a Will Contest
In any contested probate matter, evidence will be needed to prove a case. The way that evidence is sometimes gathered in a lawsuit is called “discovery”. Minnesota Rule of Civil Procedure 26 applies to probate cases. This Rule is the chief discovery rule in all lawsuits in Minnesota.
In particular, Rule 26.01 sets forth the methods of available discovery to the probate litigants. Rule 26.02 defines the scope and limits of that discovery. Therefore, probate lawsuit parties can use discovery items such as: interrogatories, request for production of documents, requests for admissions, subpoena power, depositions, and all other forms of civil litigation discovery. If you do not have experience in what these terms mean, you should consult with an attorney.
Finally, Rule 37 of the Minnesota Rules of Civil Procedure tells us that litigants must also make discovery requests in “good faith”. Therefore, harassing questions or discovery which request evidence that likely have no bearing on the lawsuit, are likely made in “bad faith”. Judges often use what attorneys refer to as the “reasonable man” standard. If the litigant is being aggressive, a bully, or simply not cooperating, judges are likely to find such behavior unreasonable. People in a lawsuit should not act like this – and, if they do, they are much more likely to “lose” their case. This is where retained attorneys can help. Lawyers are often much more objective regarding the outlook of the case than their clients. If you feel like you are angry and may not be able to be rationale in a probate lawsuit, you should hire and attorney who can be rational for you.
Burden of Proof
The burden of proof, in contests cases, is on the party who wishes to probate the Will. Therefore, the court makes the party who says the Will is valid prove their case first. The proponent of the has the burden to make a “prima facie” showing that the Will is valid.
This means that they must show that the Will was properly executed, timely made, properly witnessed, and that the deceased was of “sound mind” when he/she made the Will. Our office has experience in this area. We recently won a case for the heirs of an estate who receive all of the estate “intestate” – meaning the court found that the Will was invalid. The proponents in that case failed in their burden of proof and we were successful for our clients in a Will contest.
Minnesota Will Contest Attorneys
Contact the Flanders Law Firm today. Our office has years of experience in all types of probate proceedings. From Will Contests to Trust litigation, the firm has helped clients navigate the complex legal maze of estate litigation. The firm offers free Will Contest consults to all potential clients. Call today at (612) 424-0398.
